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Al-Ahram Weekly 22 - 28 July 1999 Issue No. 439 
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Published in Cairo by AL-AHRAM established in 1875 |
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Al-Ahram Weekly 22 - 28 July 1999 Issue No. 439
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| Published in Cairo by AL-AHRAM established in 1875 |
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Egypt Region International Economy Opinion Culture Profile Features Focus Interview Travel Living Sports Time Out Chronicles People Cartoons Letters Bar troubles over?
By Mona El-NahhasThe Cairo Court of Appeal passed a ruling on 13 July ending the judicial sequestration imposed on the Bar Association, or Lawyers Syndicate, since 1996. The court said that with the end of the legal term of the association's council, which had been accused of financial irregularities, the sequestration was no longer needed.
The court suggested the formation of an interim judicial committee to take over the headquarters of the syndicate. The judicial committee, to be headed by the most senior chief justice of the Cairo Court of Appeal, will include the most senior four members of the Bar Association -- on condition that they do not intend to run in the forthcoming elections of the association's council.
But one of the custodians, who had been appointed to take charge of the syndicate's affairs under the sequestration order, has so far refused to hand over the membership lists, with the result that these senior members have yet to be identified. The new committee will take charge of the syndicate's affairs and prepare for the coming council elections which the majority of lawyers believe will be held very soon.
Although lawyers pointed out that the court had no authority to suggest the interim committee, they admit that the ruling provides the only way out of the current crisis. "This is the job of legislators, not courts," said prominent lawyer Mohamed Asfour. "The ruling did not say who will be responsible for forming the committee, the Minister of Justice or the Chief Justice of the Southern Cairo Court." On Tuesday, Councillor Hussein Hashad, head of the civil department of the Cairo Court of Appeal, said that a decree forming the committee should be issued by the Minister of Justice after getting the approval of the Supreme Judiciary Council.
Now lawyers are waiting for the government to implement the ruling and take the steps necessary for the staging of elections. Last Monday, dozens of lawyers gathered at the headquarters of the Cairo branch and called for the implementation of the court ruling as soon as possible. According to the law of professional syndicates, the judicial committee should start nomination proceedings within 60 days after taking over the syndicate and hold elections within six months.
Sameh Ashour, a Nasserist MP and a candidate for the post of syndicate chairman, said: "We are waiting for the government reaction. If we feel that the government is playing games, we will exert pressure through peaceful protests. Yet, if the government moves positively, we would praise such a step and cooperate to stage free elections that would help the syndicate restore its national and professional roles."
The court ruling was issued in response to a lawsuit filed by Islamist lawyer Fatima Rabie, who demanded an end to the syndicate's sequestration. Rabie filed her lawsuit before a primary court but it was thrown out. Then Rabie went to the Court of Appeal. Immediately after the appeal court ruling, Rabie informed all the concerned bodies, including the custodians and members of the former syndicate council. On Tuesday, Rabie submitted the executive text of the ruling to the Minister of Justice Farouk Seif El-Nasr.
The three custodians, who were appointed to take charge of the syndicate during the period of sequestration, had shown varied reactions to the court ruling. While two of them expressed their readiness to hand over the syndicate to the new judicial committee, the third custodian flew into a rage vowing that he would never leave the syndicate. "They will take the syndicate over my dead body," said Ahmed Reda Ghatwari.
Ghatwari resolved to contest the ruling before the Court of Cassation, claiming the ruling violates the law. He submitted a request to the Court of Urgent Affairs, seeking to suspend the implementation of the ruling until the Court of Cassation fixes a date to hear his appeal. The Court of Urgent Affairs will hear Ghatwari's request on 21 August.
Reliable legal sources said Ghatawari's request has no effect on the implementation of the ruling, which is final. They added that it will be turned down, pointing out that Ghatwari's legal capacity as a custodian has ended with the Court of Appeal ruling. Hence, he has no legal right to file lawsuits related to the Bar Association, the sources said.
On the other hand, Hassan El-Mahdi, another custodian, welcomed the ruling, saying that custodians have no interest in contesting the court order. "I am waiting for the judicial committee to come and take over the syndicate," El-Mahdi said, adding that the ruling will put an end to the irresponsible acts committed by Ghatwari.
Badr Tahtawi, the custodian in charge of the branch syndicate said lawyers welcomed the ruling, viewing it as the only way of ending the wrangling among the custodians.
