Unseemly squabbles

Who will succeed as chairman of the State Council? Mona El-Nahhas tries to find out

---

The death from cancer last week in Paris of El-Sayed Nofal, chairman of the State Council, has precipitated a succession battle between his two deputies, Judge Nabil Merham and Judge Mohamed El-Husseini. Nofal, 69, had not nominated a successor.

The State Council committee charged with nominating an incoming chairman convened late last week in an attempt to settle the issue. Six out of the seven- member panel voted for El-Husseini, a result that reportedly provoked Merham, the seventh member, to rush from the committee room complaining that he had been excluded from the nomination.

During Nofal's funeral, held on Saturday and attended by President Hosni Mubarak and senior officials, Merham was reported to have said that he was legally entitled to take over as chairman since he had served as a deputy chairman for longer than El-Husseini. In an attempt to contain the growing row, President Mubarak asked the chairman of the Central Auditing Authority, Judge Gawdat El-Malt, to intervene.

El-Malt met with members of the committee on Thursday, telling them that the president had stressed that the matter be resolved according to the letter of the law.

This was immediately interpreted by the press as signalling that Mubarak supported Merham, though such a reading is open to contention.

The law regulating the choice of the State Council chairman does not stipulate that the longest serving deputy automatically takes over, Adel Farghali, head of the State Council legislation department and a member of the nomination panel, pointed out. "It states only that the chairman of the State Council be chosen from among its most senior deputies," he told Al-Ahram Weekly.

El-Husseini declined to comment on the issue, because of the current critical situation at the State Council.

Farghali refutes suggestions that Merham had been overlooked because he was a Copt. "This is a fabrication. Whoever is responsible for such nonsense seeks only to stir sectarian strife." Rather, Merham's deteriorating eyesight and his lack of appropriate experience were cited by Farghali as the reasons behind the council's decision.

"During his judicial career, and even before losing his eyesight, Merham did not hear any lawsuits. The posts he occupied have all been administrative," said Farghali.

The chair of the State Council is, ex officio, chief justice of the Higher Administrative Court, a post which entails hearing suits and issuing judgements.

While conceding that his failing eyesight will hinder the hearing lawsuits, Merham says it will not impinge on the duties of the chairman of the State Council, a largely administrative post. Following last week's meeting he also informed members of the special council that he would be ready to forego the post of chief justice of the Higher Administrative Court should he be appointed as State Council chairman.

The final say in the appointment is President Mubarak's. The panel decides on a nominee, whose name is then placed before the State Council's 360- member general assembly. Yet even should the general assembly ratify the nominee the president can still reject their choice, in which case the entire process goes back to square one. "We are not going to back off from our decision to nominate El-Husseini," Farghali told the Weekly. "Now, we are waiting for a letter from President Mubarak in which he asks the members of the committee to inform him of their choice." Farghali noted.

Once the letter is received a general assembly will be called. Should it vote against the nomination the committee will then produce a new candidate. Should the nominee be ratified by the assembly his name goes forward to the president for final approval.