Katatny: SCAF's Complementary Constitutional Declaration is Null and Void
|Monday, June 18,2012 06:43|
Dr. Mohamed Saad Katatni, Speaker of the People’s Assembly, on Sunday June 17, met with General Sami Annan, Chief of Staff of the Armed Forces and Vice President of the Supreme Council of the Armed Forces (SCAF), and a number of SCAF members.
During his meeting with SCAF, Katatni rejected a complementary constitutional declaration authored by SCAF. He stressed that SCAF’s decision to dissolve the parliament is null and void because it is not based on any constitutional legitimacy, principle or procedure, according to the existing Declaration.
The Speaker of the People’s Assembly assured SCAF members that since the decision to dissolve parliament, and hence actions resulting from that, does not rely explicitly or implicitly on any text in the Constitutional Declaration currently governing the country, SCAF should have maintained the free will of the people that produced Parliament.
During the meeting with SCAF, Dr. Katatni further added that he referred the dissolution decision to the Committee on Constitutional and Legislative Affairs for consultation with legal experts and professors of constitutional law, to determine how to best deal with this provision while still respecting the judiciary, preserving elected institutions, and upholding the popular will.
The People’s Assembly Speaker stressed, also during the meeting, that the Constituent Assembly, which was formed recently, is an independent body, in accordance with Article 60 of the Constitutional Declaration, which is the country's current charter, and that it will hold its first meeting in the coming hours, to start its work in accordance with the law and the Constitution.
Dr. Katatni reiterated to SCAF members his categorical rejection of complementary constitutional declaration, as it infringes on the legislature which has the inherent right to legislate, adding that the Constitutional Declaration approved by popular referendum on March 19, 2011 and released on March 30, 2011 did not give SCAF the right to assume the power of legislation in the presence of an elected parliament.
The Speaker of the People’s Assembly called upon SCAF to maintain the democratic accomplishments of the revolution, out of respect for popular will and to uphold the interests of the country.