• November 16, 2006
  • 11 minutes read

Dr. Makarim Al-Dairy: Illegal parliament, any constitutional reformations thereof notorious

Dr. Makarim Al-Dairy: Illegal parliament, any constitutional reformations thereof notorious

A real democratic change in Egypt will not happen as long as the ruling party still in power; the regime does not have any credibility; it has failed in the battle of democratisation in the country through rigging elections and tightening the grip over the society in general. Nasr City and Heliopolis constituency witnessed the most aspects of rigging which were committed in a barefaced way; while the Court of Cassation ruled as invalid the elections in this constituency- the ruling contained directly and frankly the word ” forgery “, the Interior Ministry and the high commission of parliamentary elections, refused intentionally and with a bad intention to carry out the administrative court’s rulings of stopping the elections.They neglected these rulings, putting definitely the confidence in the election process at stake; it was invalid because of not complying to legitimacy and constitution; in addition to this, there were grave violations committed in the law of exercising political rights and all kinds of abuse or forgery, after it was proved that ballots were- instead of being held by the head of the committee, thrown outside committees and they were filled in by unknown person to be distributed among voters so that they put in the ballot box in the so called ” the revolving ballot” process; some of these ballots were replaced with others which were put in the box; add to this the violations in the processes of collective registration. Although some objected and challenged these violations, but the heads of subcommittees and heads of the general committee refused to confirm these violations.

The court said that 24 wallets of documents containing voters lists in the collective registration in the election committees in constituency “C. D” where there was an evidence of holding bargains, vote buying and threats and intimidation against voters; there was also another wallet that contained photographs proving that candidate ” Mostafa Al Sallab ” used public transport in his election campaigns.

After the court carried out a vote-count, it became clear that the results differ from those declared by the general committee in the vote-count: candidate Mostafa Al Sallab has a difference of 883 more votes, and candidate Thoraya labinah has a difference of 188 more votes while candidate Makarim Al-Dairy has a difference of 1129 missing votes and candidate Essam Mokhtar has a difference of 307 missing votes. Dr. Makarim Al-Dairy, the constituency’s candidate garnered 12718 votes although the committee declared that it got 11589 while her rival, Mostafa Al Sallab, garnered 11127 votes although the committee declared that he got 12010 votes. Sawt Al-Ummah- an Egyptian magazine- interviewed Dr. Makarem Al-Dairy and asked her about the ruling and her other views about the legitimacy of the Parliament.

Although there were more than 100 rulings canceling the elections, but the Speaker neglected all of them? Why?

Riggings were used as the parliament was sought in only one desired aspect by the regime; the Speaker ignored the rulings and will ignore them because they want parliament in such a form, because the desired majority of this parliament would pass the parliamentary decisions. Actually, this is considered a disrespect to the court’s rulings, but as a matter of fact the executive authority is dominating every thing and it is the highest authority in the country; it controls the legislative authority because most MPs are pro-government and are members of the ruling National Party; also, it carries out the role of the judiciary because it controls the decisions of the judge. It has also the upper hand over the press, directing citizens in a way that serves its goals. Therefore, the executive authority is the government and it is the regime altogether that chains people with many restrictions and decisions in order to quell their progress; concerning the term “its independent”, if this system had been a respected one, it would have addressed the court’s rulings, by restoring people’s rights and giving them their normal position as real representatives for their constituencies; however, they behave in a way that serves their goals and their interests and they try to eliminate other rivals from among the public.

Do you expect re- elections in the constituencies whose results have been proved to be invalid by the court?

Re- elections are something that I am not yearn to: first because they deliberately want the council in such a way; secondly, because most constituencies which received rulings of being null and void have candidates belonging to the Muslim brothers and we think that the regime wants to eliminate the Muslim Brothers from the Egyptian street; we have noticed this in the elections of the student unions in the universities and the labor elections; every thing happening indicates that obstacles are being put in front of candidates; in addition to this, the regime tries to issue devised rules for their own purposes in order to hinder the process of rigging and declare the collapse of democracy in front of the world.

To what extent is the People’s Assembly legitimate under these rulings and the atmospheres in which the elections took place?

The People’s Assembly will remain. It is accustomed that the majority of its members belonging to the National Party. We are accustomed to see the executive authority in the People’s Assembly is the one that domineers the political process; all elections witnessed rigging the elections against those opposing the ruling party and the regime till the party gets the rate it wants in the council; considering the rulings of the Court of Cassation-still under review, we can say that the legitimacy of the current council is questioned or it is unlegitimate because a large number of members won through rigging; however, it is useless, because the same scenario will recur in any other elections.

A real democratic change will not happen in Egypt as long as the ruling party dominates it and as long as the regime does not have a credibility; it has failed in the battle of democratisation in the country due to rigging the elections and through tightening the grip over the society in general and through violating the freedoms of the reputed people who live in this country; it confiscates people’s money and cause restrictions in their livings.

If this council is illegitimate, why don’t they dissolve it?

Rights should return to their those whose votes were rigged barefacedly; so they should return to the normal post and represent their constituencies in the legislative council; however, this regime appoints those supporting its policies in order to serve their targets and excludes every vote against it; I do expect the Assembly will be dissolved but not now; it may be dissolved after a period of time when they amend the constitution in the way they want and meet their interests; people would discover that there is no candidate and as a result they will abandon voting; government thereupon will forge elections for their own sake.

But president Mubarak said that the council will not be dissolved and will remain till end of its legislative phase?

We are not worried from this council; it is true that the majority of the council is false, but what have the respected members in this council done? The effective section in the parliament is not a matter of number or quantity; it is rather a right performance and I do believe that the independents, including the Muslim Brotherhood, possess the right abilities to promote the political activation inside the People’s Assembly; we try but we do not have to look upon results but we will not let them do whatever they desire; because they are not the only ones assuming the responsibility of this nation; there ought to be someone who would bear this responsibility honorably; thus all political powers must participate in this Assembly even if the majority is from the National Democratic party MPs; in addition to this, the independents are the ones who frame the parliamentary performance.

 Why does the regime intervene in any elections taking place even those in universities and syndicates, as we see?

 This is the nature of tyranny through control and hegemony over every thing; this regime is tyrannical; it does not want the Muslim Brotherhood to be a power with a religious platform, but the Muslim Brothers take their legitimacy from the Egyptian street and public opinion while the regime does not possess this legitimacy.

 When will fair free elections take place in Egypt?

 When the people are well aware of politics, can choose their representatives correctly, participate in the elections and are keen to obtain their rights without being deceived by the regime or any other power; you can not imagine how people felt frustrated when the results were rigged, specially in Nasr City constituencies, because the number of voters in the last elections were tripled than the previous elections; add to this, people were zealous to maintain change, making them feel positive; there was a high turnout as there were new rivals against the candidates of the National Party inside the constituencies; so people started to go and cast their votes, thereupon the regime interfered in elections; however when people become aware of their political rights and in all fields and have the right to call for their rights, they will vote for a government who has high responsibility to protect the people’s interest; as people are negative and unaware then there will be no achievements.

 How do fake candidates who succeeded through forgery, devise constitutionl articles and make amendments in laws?

 If the constitutional amendments come from the parliament only, we won’t approve them because two thirds of its members are from the National Party; those members cherish the demands and interests of the executive power, meet their goals, and grant the president of the republic many powers, accordingly, devising constitution should not take place inside parliament so as not to impose hegemony of the regime over the parliament. However, all noble powers and other sections in society including judges, parties, brethrens, and all bodies of civil society should unite to agree on a unified constitution that would rule the society and be a reference because if the constitution came from one party, only the interests of this party would be met rather then others’.

 This parliament would be the one who will nominate the next president for the Republic, how do you see the legitimacy of this president?

 Whoever the president is, this parliament lacks legitimacy because it does not include real elected members yet only false ones who succeeded through forgery and changing results; since two thirds of the council belong to the National Democratic Party; of course the candidates will nominate the president from the National Democratic Party.

 Are you going to take steps to exploit the court ruling of canceling elections in your constituencies?

I won’t take any specific step because we all know that the regime is tyrannical, and the court rulings are so many?! But it is enough to expose forgery before the public and to make people aware that all of these members are false ones who forge the wills of people and show no respect to judiciary or people.