Judges may have to work longer but not on election day. Gamal Essam El-Din reviews this week's batch of controversial legislation The People's Assembly endorsed a controversial extension of the age of retirement for judges from 68 to 70 on Monday despite protests from opposition MPs and a large number of judges. Mahmoud Abaza, leader of the Wafd Party, criticised the amendment, the brainchild of 10 NDP MPs, as meddling in the internal affairs of judges. "This law pours oil on fire and incites sedition among judges," he said. The following day amendments to the 1956 law on the exercise of political rights were rammed through the People's Assembly. The opposition accused the NDP of exploiting its majority to rubber-stamp laws without taking into account alternative views and opinions. Independent MP Alaa Abdel-Moneim accused Amal Othman, chairwoman of the assembly's Legislative and Constitutional Committee, of depriving deputies of the opportunity to debate the amendments. "Othman bypassed deputies and introduced changes to many of the articles without their knowledge," charged Abdel-Moneim. Angered by the accusations, NDP spokesman Abdel-Ahad Gamaleddin said independent and opposition MPs were determined "to do their best to tarnish the image of the assembly". Business tycoon Ahmed Ezz, the NDP's secretary for Organisational Affairs, appealed to the ruling party's MPs to stand together and counter the opposition's verbal attacks. Othman heaped praise on the law, saying the amendments were an honest translation of Article 88 of the constitution which stipulates that elections be held in a single day under the supervision of a Supreme Election Commission (SEC). "The SEC is established by the law in a way that guarantees integrity and independence," said Othman. She added that it will be chaired by the head of the Cairo Appeal Court and include the chairman of Alexandria's Appeal Court, a deputy chairman from the Court of Cassation, a deputy chairman from the State Council, three retired chairmen from the Appeal Courts and four independent public figures with no affiliation to any political party. The People's Assembly will name four of the commission's members, with the stipulation that two should be retired judges, and the Shura Council will name three, one of whom must be a retired judge. The law, continued Othman, regulates all forms of election campaigning and establishes the penalties to be imposed in the case of any breaches, including the use of religious slogans such as the Muslim Brotherhood's mantra "Islam is the solution". Abaza was unconvinced. "The experience of the last three months, including debates over constitutional amendments and legislative amendments, clearly shows that the NDP is intent on marginalising the role of the parliamentary opposition." In a letter sent to Parliamentary Speaker Fathi Sorour on Sunday on behalf of the opposition, Abaza said, "the assembly's new style of debating laws at supersonic speed and without taking into account opposition views violates international codes of democratic parliamentary practice... the opposition now faces the dictatorship of a majority determined to impose its will at any cost". "The amendments to the law governing the exercise of political rights were deliberately drafted in a way that eliminates judicial supervision and serves the narrow interests of the ruling NDP," he continued. At auxiliary polling stations it is employees of local city councils, most of whom are NDP members, who will be in charge, he said, and "they will do everything to ensure that voting goes in favour of the NDP." Muslim Brotherhood MP Hussein Ibrahim argued that "when the opposition objected to the amendment of Article 88 the government responded that the political rights law would be drafted to guarantee judicial supervision of polling stations... Now that we have seen the draft law it is clear they have been tailored to do the opposite and eliminate judicial control, especially over auxiliary polling stations." Ibrahim questioned what possible guarantees there could be in the People's Assembly and Shura Council naming seven members of SEC given "both two houses are dominated by the NDP". The opposition also objected to Article 3 (E) of the new law which gives the SEC the power to block candidates from contesting elections should they have been found guilty of violating election campaign regulations. The article provides no right of appeal against SEC findings. Edward Ghali El-Dahabi, chairman of the assembly's Human Rights Committee, insisted that in its current form the draft violates Article 68 of the constitution which allows all judicial orders to be appealed. Justice Minister Mamdouh Marei subsequently approved the redrafting of Article 3 (E) to allow candidates the right to appeal SEC judgements. The opposition also criticised Article 3 (F) which states that the SEC's secretariat-general is to be chaired by a deputy justice minister and include a representative from the interior minister. "The inclusion of representatives from the ministries of justice and interior on the SEC's secretariat underlines just how the SEC is intended to operate as a tool for the executive authority," said Ragab Hilal Hemeida, Al-Ghad's sole MP. Opposition MPs also objected to Article 24, which delegates decisions on the number and location of auxiliary polling stations to the Ministry of Interior. In the face of opposition attacks NDP heavyweight and President Hosni Mubarak's Chief of Staff Zakaria Azmi proposed the article be redrafted to allow the SEC to take all decisions regarding auxiliary polling stations in coordination with the Interior minister, a formula unlikely to placate critics of the law.
