The countdown to Egypt's upcoming presidential polls is expected to begin next week when the law regulating the polls is finally issued by interim President Adli Mansour. This will be followed by the Presidential Election Commission (PEC) — the five-member judicial body tasked with supervising presidential polls — holding a meeting to prepare for the process which will see Egypt elect its second president in three years. The PEC has already shifted its headquarters from Heliopolis to the State Information Service building in Nasr City in preparation. On Tuesday Army Chief and Minister of Defence Field Marshal Abdel-Fattah Al-Sisi announced that his long awaited candidacy declaration could only be made after the legal rules that will regulate the poll are finalised. Addressing the audience at a Military Academy ceremony he said: “I cannot turn my back to the demands of the majority which wants me to submit a presidential bid. For now, though, we must wait and see how the process will be regulated.” Al-Sisi stressed that “the country is passing through hard times and the people, the army and the police must join forces since none of them can shoulder the responsibilities engendered by difficult circumstances alone.” Al-Sisi, who is also the head of the Supreme Council of the Armed Forces (SCAF), remained in office as first deputy premier and defence minister in the new cabinet that was sworn in on Saturday. Before he can stand for president he must first resign from his ministerial post and his position as head of the armed forces. Veteran politician Amr Moussa told Al-Ahram Weekly in an exclusive interview that Al-Sisi is expected to resign and publicly announce his nomination within the coming ten days.” I support him. I think he is the right person for these crucial times and I think he will succeed if he becomes president,” said Moussa (see pp.2-3). On 27 February Mansour issued a decree that states that the defence minister must be a military officer and have served in the armed forces at the rank of major-general for at least five years. While informed sources say Al-Sisi has opted to remain in office as defence minister until the law regulating presidential polls is finalised this has failed to contain speculation that he has yet to finally decide whether or not he will stand. Mustafa Bakri, editor of the independent weekly of Al-Osbou who boasts of his closeness to the army, told the Weekly that “Al-Sisi is still torn between the appeals of the majority of the Egyptians and the mounting pressure of Western officials and media which reject his nomination.” Hamdeen Sabahi, the head of the leftist-oriented Popular Current, and Sami Anan, the former chief of military staff, have both indicated they will put themselves forward as candidates once the new law is issued. The 59 article piece of legislation, however, continues to face intense opposition that has delayed the election process which was expected to begin on 18 February. Magdi Al-Agati, chairman of the State Council's Department of Fatwas and Legislation, said revision of the final draft of the law was finished during “a stormy debate” on Monday. The council, he added, was divided over the request of Mansour's legal team that the PEC's decisions be immune to appeal. “The majority of the department's judges concluded that this request violates the new constitution and that appeals in presidential elections should be allowed, even if under strict conditions,” he explained. He also revealed that Farid Tanaghou, chairman of the State Council to which the Department of Fatwas is affiliated, had sided with Mansour's legal team. The divisions led to two drafts of Article 7 being formulated. One allows appeals in presidential elections under strict conditions, the second imposes an outright ban. “The council's opinion is just advisory,” noted Al-Agati. “Any final say on the draft will be left to President Mansour.” PEC Secretary-General Hamdan Fahmi insists that “allowing appeals in presidential elections will be a big mistake.” “Members of the PEC are senior judges affiliated with Egypt's two highest judicial authorities, the Supreme Constitutional Court and the Court of Cassation, and their decisions cannot be revised by lower courts.” Mansour's legal team and judges from the Supreme Constitutional Court (SCC) have made it clear that they believe allowing appeals could delay the election of a new president and thus impact on national security. The council's semi-final draft of Article 7 currently restricts the right to file appeals to “those directly concerned with the election process, primarily candidates”. Appeals against any PEC decision will have to be filed within two days of the decision's announcement. The Supreme Administrative Court (SAC) will then evaluate the appeals and issue a final verdict within one week or — according to other sources — 10 days. Al-Agati argues this process will allow the judicial review of PEC decisions without “flooding” the system or delaying the ballot process. “I think this draft is ideal because it allows the exercise of a constitutional right but prevents such a right being exercised maliciously.” The 59-article law was first passed to the council on 17 February for scrutiny of its constitutional and legal terms. The council, says Al-Agati, subsequently held two meetings which were attended by Ali Awad, Mansour's legal and constitutional affairs advisor, in a bid to reach agreement on several controversial articles. Al-Agati and Awad agreed the law could not be revised in advance by the SCC. “There were requests that the SCC conduct an immediate revision but this would violate the new constitution which revoked the SCC's prior scrutiny of political laws,” said Awad. Article 1 of the law, which stipulates that presidential candidates must hold a university degree, was also subject to controversy. “Some judges argued it contravened articles 141 and 142 of the constitution which does not impose the stipulation while others contended that since the constitution was silent on the matter it could be decided by the law,” said Al-Agati. He added that the final say would again be left to President Mansour. The law was further amended to stipulate that presidential candidates must be free from any physical or mental illness that might negatively affect the performance of presidential duties. Article 11 now obliges candidates to undergo medical check-ups and provide a certificate from the health ministry stating they meet this criteria. There was disagreement on whether the ceiling for campaign spending should be raised from LE10 million to LE20 million. All the council's judges agreed was that in the case of a run-off campaign spending will be limited to LE5 million. Donations will be deposited in a public sector bang account to be audited by the Central Auditing Agency. Article 23 bans candidates from obtaining any funding from foreign institutions or individuals. Candidates will have to submit a detailed statement of the money they have spent within 15 days of the date of the announcement of the final result of polls. If a candidate fails to meet this condition he/she will be subject to a fine of between LE5,000 and LE10,000. Al-Agati indicated it had been agreed that the campaign period be restricted to three weeks. Article 18 was amended ban the walls of government-owned or private buildings for campaign purposes. Election posters and billboards can only be erected in designated places. Demands that the candidate's family members, including children, must not hold dual nationality had been rejected on the grounds that it contravenes Article 141 of the new constitution. The original text of Article 1 has therefore been maintained. It states that at the president of the republic must be born to Egyptian parents and that neither the candidate's parents nor his or her spouse can hold dual nationality. Article 49 was amended to increase penalties for those found guilty of resorting to violence aimed at hampering the election process. Offenders will face three years in prison and a fine of LE5,000. The council's judges were divided over whether article 35 should be amended to state that if only one candidate contests the election he/she would automatically be announced the winner. The original text stipulated that if a candidate was unopposed he/she would have to win 30 per cent approval of registered votes. Sources also say article 10, which states that in order for a candidate to be eligible he must secure the endorsement of 25,000 citizens from at least 15 governorates, has been amended. The article now states that public notary offices and First Instance Courts – rather than public notary offices alone – are authorized to certify “candidacy endorsement forms”. (see p.4)
