Problems on hold
In my last two editorials, I tackled the constitutional amendments proposed by 155 MPs in a request to the House of Representatives. The request received the consent of the House which is currently engaged in discussing the proposed amendments. If approved, they will be drafted in final form and put up to public referendum. I detailed the proposed amendments, citing my remarks on each of them. Today I go back to the most significant among them: the proposal to amend the presidential term to six years instead of the current four, and set the required transitional rules. When I first cited this proposal in a previous editorial I posed an open question: in case a six-year presidential term is approved, will it apply to the current term of President Sisi? Or will it be effective starting the term that follows its endorsement? I also wrote that this is the point every Egyptian’s attention hinges on.
Let us first admit that the wish to prolong the presidential term from four to six years is not absolute; it is an urgent desire to extend the current presidency of President Sisi. This desire comes out of recognition of his remarkable and prompt achievements on the political, security and economic levels, also on other fields of development and reform. A state of apprehension is already setting in among Egyptians as to the sustainability of this singular rate of achievement once President Sisi’s second term comes to an end in 2022.
We must own in all candour that the widespread Egyptian apprehension as to what should occur in 2022 is not groundless; it emanates from the almost complete absence of any promising political figure that could aptly replace Sisi. Delayed political party reform and failure of the parties to form strong coalitions have generated no political calibres capable of persuading the public that they could carry on with the reform, development, and hard work initiated by President Sisi.
The need for Sisi to continue as President is thus obvious; also obvious is the failure of the political arena to produce another candidate fit to be handed power in three years’ time. Yet some extremely important constitutional questions beg constitutional answers. I believe that such answers must transpire during this phase of discussing the constitutional amendments, in order for everyone to be well informed before they head to the polls.
In case the House of Representatives approves amendment of the presidential term to six instead of four years, would it apply retroactively, or would it be effective following the date it is approved in public referendum? The legal principle of the ‘omission of retroactivity of provisions’ would prevent them from being applied in cases that existed prior to the passage of these provisions, and would restrict their application to cases that ensue following that date. So how can we bet on the constitutionality of applying the amendment to the presidential term of President Sisi? The highest constitutional circles must look into this matter and decide on it before we go ahead with approving the proposed amendment.
If a six-year presidential term is approved, will it apply to President Sisi’s current, second term which would then extend from 2018 to 2024 instead of the four-year term that ends in 2022? Or will it apply to his two terms, so that two years are added to each of his terms, rendering the total length of both terms 12 years instead of eight, consequently adding four years to Sisi’s second term, prolonging it thus to 2026? In this case, a suspected constitutional flaw would transpire, since the length of the second term would be eight years instead of six.
In order to get around suspicion of constitutional flaw, it might be suggested that both terms of President Sisi should be amended to six years each, so that the first term would stretch from 2014 to 2020, and the second term from 2020 to 2026. But in this case, how can we handle State records which registered the renewal of the presidential term in 2018 following presidential elections?
All these questions need to be seriously and meticulously addressed in order to lead the presidential amendments to safe shores. In all cases, we must never forget the imperativeness of reforming the party and political scene in Egypt in order to set the stage for peaceful power rotation once President Sisi’s term ends, whatever the length of that term.
Watani International
3 March 2019
