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Should the Shura Council stay?
Published in The Egyptian Gazette on 26 - 09 - 2012

The Constituent Assembly (CA), tasked with writing the new Egyptian Constitution, witnessed a big debate on Tuesday about whether or not the Shura Council should be retained in the new Constitution.
The Muslim Brotherhood's (MB) Freedom and Justice Party (FJP) wants to keep it, while other political parties say it can be dispensed with. There was also a suggestion to vote on the recommendation of the CA's Political System Committee to rename the Shura Council the Senate and expand its legislative and supervisory powers. People in the street are also divided over the Shura.
“I think the Shura Council, at least in this present phase, is useless," Mohamed Abul Magd, a 34-year-old activist, told The Egyptian Gazette on the telephone on Wednesday, adding that its powers could be given to the People's Assembly (PA).
“The Egyptians could benefit from the money spent on the Shura if it were cancelled."
However, the MB's Mohamed Tossoun, Chairman of the Shura Council's Legislative Committee, argues that it prevents the regime becoming tyrannical and also errors in legislation.
“Parliament has passed laws that were later found to be unconstitutional," he said, adding that the Shura Council carefully studies draft laws before they are issued.
“The Parliamentary Elections Law was unconstitutional, which meant we had to dissolve the People's Assembly," he said. “This cost the State budget LE2 million."
Gehan Mohamed, a 30-year-old municipal official, agrees, adding that other countries have something similar to the Shura Council.
She suggests that the council should have more powers in the new Constitution. “It could play a vital role if the PA were suspended."
Mohamed Ali, a 35-year-old teacher, said that the MB want the Shura in order to seize power in Egypt.
“They want to circumvent Egyptians and replace the dissolved National Democratic Party. “Many people aren't bothered about participating in Shura Council elections and ‘specialised national councils' [which already exist] could play the role of the Shura, if they were activated," Ali added.
Atef el-Banna, a professor of constitutional law, said that Shura should have real legislative powers, although this doesn't mean that the Shura should be equal to the PA.
“The Shura's budget is LE138 million, which is not a big burden," he argued.
MB and CA member Mahmoud Ghozlan said there are 29,000 Egyptian laws and that the Shura Council will work side by side with the PA.
“Late President Anwar el-Sadat revived the Shura Council, in order to grant membership to certain people whom he favoured and to control the State's newspapers," he added.
According to the 1971 Constitution, the Shura Council has an advisory role, giving opinions on constitutional amendments and legislation.
Articles 194 and 195 of the existing Constitution stipulate that the Shura Council is tasked with studying and proposing what it deems necessary for consolidating national unity and social peace, as well as protecting the workers. Two-thirds of the members are elected by direct secret public ballot, half of whom at least must be workers and farmers. The President of the Republic appoints the other third. The Shura Council currently has 264 members, 13 of them women.


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