Egypt's judicial circles have become embroiled in a heated legal dispute over the status of the prosecutor-general, Talaat Abdallah, in the wake of a court ruling on 27 March annulling his appointment. Judicial circles, together with many politicians, met the ruling with relief, viewing it as putting an end to the long period of crisis that had afflicted the country's judiciary. However, the reaction of the presidency indicated that the crisis could be far from over. Despite the ruling, the presidency declared on Sunday that it would continue to recognise Abdallah as the country's prosecutor-general. News of plans to contest the ruling by the State Cases Authority, which represents the executive in any litigation, was leaked shortly before the authority itself hurried to deny them as untrue. According to sources at the authority, it was studying the ruling before deciding whether or not to contest it. Abdallah also revealed his intention to appeal against the ruling on Saturday, saying that it was “void, illegal and unconstitutional.” In defiance of the court's order, Abdallah headed towards his office and resumed work as usual, stressing his keenness to continue his “legal and constitutional legitimacy”. The ruling may also be contested before the Court of Cassation within 60 days, though this will not affect its implementation in the meantime, constitutional experts said. The Supreme Judiciary Council (SJC), which should have announced how it would carry out the ruling as the issue is now in its hands, has also kept silent on the ruling. A delegation of judges and prosecutors headed towards the headquarters of the SJC on Sunday, handing in a memorandum calling for the ruling's immediate implementation. The delegation called upon the SJC to nominate three judges to take over the “vacant” post of prosecutor-general, making it a condition that none of the three should have any political affiliation. Under the country's new constitution, the president is supposed to appoint one of the three nominees, but until now no clear-cut stance has been announced by the SJC. In last week's ruling, the Cairo Appeals Court declared presidential decree 386/2012 appointing Abdallah to the post to be null and void, saying that Abdallah's predecessor, Abdel-Meguid Mahmoud, should be reinstated in the post. On Sunday, Mahmoud was given an executive order based on the ruling, which obliges the authorities concerned to carry it out. However, sources close to Mahmoud said that the former prosecutor-general was not willing to resume the post. Meanwhile, the Cairo Judges Club, known for its support of the former prosecutor-general, vowed to start a series of escalatory measures if the authorities did not implement the ruling. The presidential decree appointing Abdallah, now annulled, came as part of last November's controversial constitutional declaration that made the actions of President Mohamed Morsi immune from legal challenge. The president was forced to annul the declaration after bloody street clashes between supporters and opponents had left at least 11 people dead and hundreds injured. However, the effects of the declaration, including Abdallah's appointment, were not affected by the withdrawal of the original declaration. Replying to legal opinions that had insisted that the presidential decree should not be annulled as it was based on a constitutional declaration, the court said in its ruling that the November declaration was not valid as it had not been put to a national referendum. As a result, the declaration could not overstep other laws, including the judiciary law that prevents the dismissal of the prosecutor-general. The idea that the new constitution also set aside the post of prosecutor-general by stipulating in its last article that all the effects of constitutional declarations issued before the endorsement of the constitution should remain in force was also rejected by the court. In its ruling on this point, the court said that all orders made under constitutional declarations should conform with the law and the constitution and should not contradict supra-constitutional principles such as the independence of the judiciary. Abdallah's appointment last year stirred up a storm of anger among members of the judiciary, with many courts and parts of the prosecution service suspending work in protest against what they viewed as a flagrant attack on the independence of the judiciary. Last December, and after thousands of angry prosecutors imposed a siege around Abdallah's office, the Morsi-appointed prosecutor-general submitted his resignation, only to withdraw it again two days later. Political forces that had been calling for the dismissal of Mahmoud since the 25 January Revolution, pointing to his appointment by ousted former president Hosni Mubarak, also protested against the way Abdallah had been appointed. Calls to dismiss Abdallah, whose appointment had aroused doubts about his neutrality, also topped opposition demands. After last week's ruling, the opposition, not directly involved in the current judicial struggle, started to press for its implementation. On Friday, and amid a heavy security presence, hundreds of activists gathered in front of the offices of the prosecutor-general to demand the dismissal of Abdallah. Members of the 6 April and Kifaya movements chained the gates of the building. The opposition National Salvation Front pressed for the court ruling to be respected, and the Salafist Nour Party also called upon the presidency not to contest the ruling and to refer the issue to the SJC to take the necessary measures regarding its implementation. The liberal Ghad Al-Thawra Party, lately criticised for moving closer to the presidency, said that it would be the first to oppose the president if he did not abide by the court ruling. “The ruling is a lifeline that will help to end the five-month crisis of the prosecutor-general,” party leader Ayman Nour said, adding that the implementation of the ruling was obligatory since it had been issued by an appeals court. The legal status of both Abdallah and Mahmoud has been subject to debate among legal experts. Judge Fouad Gadallah, the president's legal advisor, said that the return of Mahmoud to the post was impossible because of two constitutional articles limiting the term in office of the prosecutor-general to four years, starting from the year when he first occupied the post. Mahmoud was appointed by former president Mubarak in 2006. While admitting that the president had “made a mistake” in excluding Mahmoud from his post, Minister of Justice Ahmed Mekki said that Morsi's intentions had been honourable. Mekki, known during the Mubarak era for his strong defence of the independence of the judiciary, is now widely criticised for allegedly betraying his principles. Constitutional expert Nour Farahat said the best scenario would be to press for the immediate dismissal of Abdallah. “After taking over again, Mahmoud could ask the SJC to exempt him from the post. Then the SJC could meet and nominate three names for the post of prosecutor-general,” Farahat said, noting that such a scenario could not be carried out unless there was an understanding between the bodies concerned. Zakaria Shalash, chief justice of the Giza Criminal Court, said the ruling had made it clear that the appointment of Abdallah had been illegal. “Following the ruling, Abdallah's continued presence in office constitutes a violation of the law,” Shalash said, adding that if the Court of Cassation backed last week's ruling all decrees made by Abdallah since the appeals court ruling would be considered null and void. “This means that anyone standing trial before the courts according to instructions issued by Abdallah will have the right to contest the legality of their trial and ask for their release,” Shalash said, warning that a “state of chaos” could ensue if the ruling was not immediately carried out.
