The composition of the Supreme Judiciary Council is the new battleground between reformist judges and the minister of justice, reports Mona El-Nahhas President Hosni Mubarak's quashing of a controversial draft law presented by Minister of Justice Mamdouh Marei amending judicial regulations has been welcomed by members of the judiciary. The draft, which would have changed the composition of the Supreme Judiciary Council (SJC), was seen by a majority of judges as an attempt to undermine their independence. President Mubarak not only ordered Marei to withdraw the draft law but to respect the constitutional role of institutions, such as the People's Assembly and the Shura Council, in debating legislative proposals. The Justice Ministry subsequently issued a statement saying the draft law will now be presented to the general assemblies of courts with their different degrees. The statement called upon such assemblies to send their suggestions to the ministry's legislation department. Judges have interpreted the statement as a retreat by Marei. A majority now expect the draft to be quietly shelved. The controversial draft sought to increase the number of seats on the SJC from seven to 11. Currently the SJC is headed by the chief justice of the Court of Cassation and includes his two deputies, three Appeals Courts' heads and the prosecutor-general. Though judges say they are not against expanding the council in principle, they object to the heads of North and South Cairo first degree courts becoming members. Heads of first degree courts are affiliated to the Ministry of Justice -- a decision, judges argue, that would place them under executive control. On 29 June, the SJC headed by former chairman judge Moqbel Shaker approved the draft law, a step which doubled judges' anger. The next procedure was getting a presidential endorsement of the draft. Former chairman of Cairo Judges' Club Zakaria Abdel-Aziz, a leading campaigner for judicial reform, said moves to steamroll the draft onto the statute books by issuing a decree-law during parliament's summer recess were unacceptable. Under Article 147 of the constitution decree-laws are allowed only in extraordinary circumstances. During a meeting of the board of Cairo Judges' Club last week members argued that in expanding membership of the SJC seniority and issues relating to judicial independence must be primary concerns. Alexandria Judges' Club issued a statement firmly criticising the draft which, it said, "curbs judicial independence". More than 3,000 judges are reported to have sent telegrams to President Mubarak urging him not to endorse the draft law, which they claimed was a flagrant violation of the constitution. Beni Sweif Judges' Club had scheduled an emergency general assembly for Tuesday only to cancel it when the president stepped in to defuse the crisis. That the draft law had been approved by the SJC has angered many. "Challenging the will of judges by approving Marei's draft last week is clear evidence that the SJC no longer acts to protect an independent judiciary," said Judge Ahmed Mekki said. "To guarantee that the SJC practise its supervisory role over the Justice Ministry and act as the sole representative of judges it should include members directly elected by the general assemblies of courts and judges' clubs." Mekki pointed out that this was the system in force from the foundation of the SJC in 1936 until the revolution of 1952.
