Al-Ahram Weekly   Al-Ahram Weekly
25 Nov. - 1 Dec. 1999
Issue No. 457
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A clean slate

By Gamal Essam El-Din

In a keynote speech last week to a joint session of the People's Assembly and Shura Council, President Hosni Mubarak promised that the "next parliamentary elections will be clean, marked with integrity and held under full judicial supervision." In the president's words: "We are not expropriating the quest of the opposition for a more balanced representation and nothing bars us from investigating the most suitable ways to realise this."

Mubarak's statement was not only received with loud applause in the Assembly, but also sparked heated debate in political circles over the need to revise a number of laws, particularly the General Elections Law.

According to parliament Speaker Fathi Sorour, Mubarak's pledge to ensure more balanced representation in next year's new parliament apparently reflects his firm belief in the need to allow the opposition greater participation in political life. "Achieving this objective, however, requires a revision of the laws and regulations which govern the electoral system," Sorour said.

Sorour, arguing in favour of the slate system, which obligates the candidates of each political party to run collectively on a single slate in each constituency, said that it was bound to produce a greater representation for the opposition in the next parliament. "The slate system was adopted in the 1980s, but had to be abandoned because it was declared unconstitutional by the Supreme Constitutional Court on the grounds that it was discriminatory against independents. So, the switch from the current individual candidacy to a slate system should be first welcomed by the opposition and then worked into a law that is constitutionally viable," Sorour said.

In the 1984 and 1987 elections, opposition parties, running under the slate system, were able to win 40 and 90 parliamentary seats respectively. The winning candidates mostly belonged to the outlawed Muslim Brotherhood which contested the elections in alliance with opposition parties.

As agreed by most political observers, the decision of the majority of opposition parties to say "yes" to Mubarak's re-election for his current six-year term has produced a consensus that these parties should be rewarded with greater representation in the next parliament. This consensus was further reinforced by the fact that the present individual candidacy system, which obligates candidates, regardless of whether they are independent or affiliated to a political party, to run individually, has narrowed to 13 seats the scope of the opposition's representation in the present parliament.

Moreover, this system proved favourable to the nouveau riche, who, by squandering large amounts of money, managed to win seats in parliament for the first time. "There is no gainsaying that the decision of these elements to contest elections, by making use of the individual system, also led to the proliferation of hooliganism and armed thuggery and finally cast suspicions over the integrity of elections. All this came at the expense of the political order and parliamentary performance in general," said Mohamed Moussa, chairman of the parliament's Legislative and Constitutional Committee.

Moussa, disclosing that addressing the shortcomings of the electoral system is currently the subject of serious debate in high political circles, argued that the Supreme Constitutional Court never ruled that the slate system in itself is unconstitutional. "The court just said that the slate system, as applied in the 1980s, was discriminatory against independent candidates. Besides, the constitution does not specify the kind of system according to which elections should be conducted. This task is left to constitutional and legislative experts so that they can forge a system which would not be discriminatory, but ensure equal access to all types of candidates.

The available information indicates that several committees have been established to study the proposed amendments to the electoral law, generally known as the 1975 law on the exercise of political rights. Recent reports suggest that most of these committees are largely in favour of introducing a "mixed electoral system" that combines the individual and proportional slate systems.

This will require a new division of the electoral constituencies. The Cairo governorate, for example, may be divided into five constituencies and each constituency may be represented by 10 deputies, five to be elected by the individual system and five by the proportional slate system. For the latter system, however, it is suggested to impose a proviso which automatically disqualifies any party that fails to win a minimum four per cent of the national vote. In the 1980s, the proportional slate system was applied, but with the proviso that this bottom ceiling was eight per cent.

Ibrahim El-Nimiki, deputy chairman of the parliament's Legislative and Constitutional Committee, pointed out that the proposed mixed system is currently applied in Germany. "This system, once formulated in line with the constitution, will guarantee equal access to both independent and party candidates. At the same time, it will give citizens the chance to vote either on partisan or personal grounds. In other words, any citizen will have an option: to vote for the candidates of a party whose political platform he supports or to vote for a candidate whose personal capacities he strongly believes in."

In opposition circles, the news about the suggested electoral amendments was received with mixed reaction. Rifaat El-Said, secretary-general of the leftist Tagammu Party, supported the change, but called for the cancellation of the proviso that disqualifies any party that fails to win a certain minimum of the national vote. Sameh Ashour, a Nasserist MP, agreed with El-Said, but emphasised that "what is of top priority is that the next elections should be marked with integrity and devoid of rigging. This is the greatest guarantee for the opposition to win more seats in the next parliament, regardless of what kind of electoral system is applied," Ashour said.

Informed parliamentary sources have disclosed that the proposed amendments are expected to be submitted for discussion and approval by the Assembly within the next three months.

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