Nynaeve Meara
Active member
- Joined
- Aug 18, 2013
- Messages
- 325
- Reaction score
- 49
- Location
- Malkier
- Gender
- Undisclosed
- Political Leaning
- Undisclosed
That’s not correct.
In Message #16 in this thread, you objected with Hosni Mubarak’s becoming President on grounds that the Parliament speaker should have become acting President and that an election should have been held within 60 days after the vacancy in the office of President occurred.
In Message #18, I provided excerpts from news stories indicating that the constitutional requirements were fulfilled:
• The Speaker of Parliament (Sufi Abu Taleb) assumed temporary responsibilities as President on October 6, 1981 (the day President Sadat was assassinated).
• Hosni Mubarak was elected President on October 13, just 7 days later (well within the 60-day requirement).
Article 84 of the 1971 Constitution, which was in place at the time states:
In case vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency; and, if at that time, the People’s Assembly is already dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, provided, however, that neither shall nominate himself for the Presidency, subject to abidance by the ban stipulated in paragraph 2 of Article 82.
The People’s Assembly shall then proclaim the vacancy of the office of President. The President of the Republic shall be chosen within a maximum period of sixty days from the day the Presidential office becomes vacant.
State Information Services Constitution of the Arab Republic of Egypt 1971
Let’s take a closer look:
In case vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency…
Fulfilled. Speaker Sufi Abu Taleb temporarily assumed the Presidency on October 6.
and, if at that time, the People’s Assembly is already dissolved, the President of the Supreme Constitutional Court shall take over the Presidency…
Not applicable. Parliament had not been dissolved at the time the vacancy occurred.
… neither shall nominate himself for the Presidency…
Fulfilled. Speaker Sufi Abu Taleb did not seek the Presidency. Notice also the language about nominating authority. That authority is limited only as it relates to the Speaker’s seeking the Presidency. Nothing in that Article or elsewhere states that Parliament is barred from nominating the President.
The People’s Assembly shall then proclaim the vacancy of the office of President…
Fulfilled. The vacancy was declared on October 6 when the Speaker temporarily assumed the responsibilities.
The President of the Republic shall be chosen within a maximum period of sixty days from the day the Presidential office becomes vacant.
Fulfilled. The election was held on October 13, seven days after the vacancy had occurred.
Nothing in Article 84 or elsewhere in the constitution prohibits Parliament’s nomination of a President. The Constitution does prohibit certain things and does so expressly (prohibition on the Speaker’s seeking the Presidency). Indeed, Article 84 solely restricts the Speaker’s being nominated, meaning that Parliament has nominating authority that is limited only with regard to the Speaker. Given Mubarak’s role of Vice President and his increasing role as emissary for President Sadat in that capacity, he was the logical choice. His becoming President fully met the constitutional requirements set forth in Article 84.
You are missing the key point where the Parliament appointed Mubarak as President prior to the election which was unconstitutional at the time.
You can keep claiming it was legal but it simply wasn't the election was held as an informal process due to the appointment of a President already that we put in power and turned into another dictator who suspended the constitution as one of his first acts in office.