Assembly dissolution constitutional: Saadoun Cabinet to meet on election date
KUWAIT CITY, Dec 17: The government is expected to clarify the political course Kuwait is heading for by Sunday or Monday with predictions on the issuance of a decree setting the date for National Assembly elections in February, 2012.
Meanwhile, a case against the Cabinet on the discrepancies that led to parliament dissolution is ready for submission to the Administrative Court, says former MP and lawyer Nasser Al-Duwaila, who represents former MP Saadoun Hamad. He added the case may be filed on Sunday.
Amidst differing opinions on the constitutionality of the decree that dissolved the parliament on Dec 6, veteran opposition MP asserted on Saturday that the decree abides by Article 107 of the Kuwaiti Constitution and therefore it is valid.
“I agree with the opinion that the decree is constitutional as per Article 107 of the Constitution. I also agree that it is not possible to include a parliament member in the Cabinet as the parliament has been dissolved, therefore it is not necessary to abide by Article 56 of the Constitution because there are no parliament members,” former MP Ahmed Al-Saadoun said on his Twitter account.
Diverse opinions by constitutional experts on the Amiri Decree have filled the political arena since Dec 6, after the decree was issued following the swearing in of Prime Minister, Sheikh Jaber Al-Mubarak Al-Sabah without a government. Some experts have said the decree shouldn’t have included the approval of the resigned Cabinet, while others stressed it is valid because it has been ordered by HH the Amir, Sheikh Sabah Al-Ahmed Al-Jaber Al-Sabah.
Furthermore, after taking the oath on Wednesday, the newly-formed interim government faced more criticism as the Cabinet’s formation did not include a member of the 50-seat parliament as stipulated in Article 56 of the Constitution.
Constitutional experts noted the new government composition is void because it is incomplete and violates the Constitution as a parliament member is not among the formation. They said members of parliament still enjoy their immunity as the National Assembly currently exists and is in its’ 13th legislative term.
Meanwhile, conflicting news reports on Thursday alleged that former MP Hussein Mizyed had been appointed by the government as a “parliament minister”, while others said he has not yet accepted the position as it is temporary. They said the government wishes to appoint Mizyed and that the news will be officially announced on Sunday.
Other reports, however, denied the claims and, quoting sources in the government, said a parliament minister is not necessary during this transitional period as the parliament has been dissolved.
Minister of Education, Ahmed Al-Mulaifi, was allegedly quoted by local media as saying that a new parliament dissolution decree will not be issued, which remains to be seen this week. Sources have also indicated the decree setting the date for National Assembly elections will be issued on Sunday.
By: Nihal Sharaf