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KUWAIT CITY, June 20: The Constitutional Court declared the current National Assembly null and void on Wednesday and reinstated the previously dissolved parliament.

The court, headed by Judge Faisal Al-Morshid, annulled the decree inviting the 2012 National Assembly elections in February due to the invalidity of the 2009 parliament’s dissolution last year. Therefore, the dissolved parliament’s constitutional powers have been reinstated according to the ruling.

The ruling further stated that the laws that were passed by the void Assembly shall remain in force unless they are cancelled or declared unconstitutional.

The court was scheduled on Wednesday to look into 35 appeals against the 2012 election results and the validity of the nomination of a number of candidates such as MP Faisal Al-Mislem, Abdulhamid Dashti and Mohammed Al-Juwaihel. The cases were dropped, however, as a result of the dissolved parliament’s return.

The Cabinet held a special meeting to discuss the verdict and study the necessary constitutional steps that must be taken to implement the ruling. Deputy Prime Minister and Minister of Foreign Affairs Sheikh Sabah Khaled Al-Hamad Al-Sabah said the Cabinet respects the court’s decision and will continue deliberation on the matter Thursday.

According to constitutional experts, Amiri decrees should follow the ruling — to dissolve the 2012 parliament, to resume the work of 2009 parliament, to dissolve the 2009 parliament and a final decree must be issued that calls for new elections.

Meanwhile, Minister of Information Sheikh Mohammed Abdullah Al-Sabah held a press conference and said “the decree that dissolved the 2009 parliament remains valid because the court stated that errors are only in the formal procedures.” He further stated that the current government remains constitutional as state Minister of Housing Affairs Shuaib Al-Muwaizri is a member of the 2009 parliament.

Lawmakers of the reinstated parliament are expected to return to their offices in the National Assembly starting Thursday, as the parliament memberships of the current MPs have been dropped. Reinstated MP Saadoun Hamad said he will arrive at the National Assembly on Thursday and take office.

Resignation
Meanwhile, more than 16 opposition MPs of the 2009 parliament, some of who constitute the strong-hold of the current Majority Bloc, immediately announced their resignation from the 2009 parliament following the ruling.

They said that they “will not accept to be part of the 2009 bribed parliament that was ousted by the Kuwaiti people”, adding that there is “a hidden government made of corrupt individuals who were upset by the choice of the people” in the 2012 elections.

Some of the MPs are Jamaan Al-Harbash, Musallam Al-Barrak, Khaled Tahous, Saifi Al-Saifi, as well as former Parliament Speaker Ahmad Al-Saadoun and Deputy Speaker Khaled Sultan. Supplementary elections should therefore take place to complete the legislative authority.

The opposition assured they will stand against the “corrupt system” and said the Majority Bloc will meet at MP Ahmad Al-Saadoun’s diwaniya on Thursday to decide on their upcoming agenda. Popular protests in Al-Irada Square were also called for through the social media.

On his part, MP Saifi Al-Saifi questioned the integrity of the Constitutional Court verdict saying that “news of the verdict was circulated in the social media before it was formally issued”. Therefore it cannot be credible, he stated. MP Khaled Al-Tahous also believed that the Cabinet knew of the upcoming verdict during the meeting between state ministers and majority MPs that took place Tuesday.

Tragedy
Meanwhile, MP Musallam Al-Barrak described the ruling as a “blatant coup against the Constitution, a tragedy and a humiliation to the Kuwaiti people.” He compared the current political scenario to that of Egypt, as its Constitutional Court had also recently annulled the Egyptian parliament.

“The Kuwaiti people toppled the previous bribe-taking parliament and its corrupt government, therefore it has lost its legitimacy and we are not honored to be among its members,” he stated.

Meanwhile, the newly-elected MPs of the Majority Bloc expressed their resignation, while reinstated MPs welcomed the verdict.

Former parliament candidate Mohammed Al-Dallal said that, while he respects the ruling, it proves that Kuwait’s political scene is unstable and urged HH the Amir to dissolve the parliament and re-invite National Assembly elections.

Riyadh Al-Adsani also assured that, as a member of the former parliament probing committee that investigated the deposits into lawmaker’s accounts, that the case of bribes are true.

HH the Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah dissolved the National Assembly on Dec. 6 due to deteriorating political conditions between the legislative and executive authorities. Sheikh Nasser Al-Mohammed Al-Sabah had resigned as Prime Minister on Nov. 28 in light of graft allegations against him made by opposition MPs and activists and HH the Prime Minister Sheikh Jaber Al-Mubarak Al-Sabah was sworn in on Dec 4.

The constitutional legality of parliament dissolution, however, was debated by legal experts as it arrived before the then newly-appointed Prime Minister Sheikh Jaber Al-Mubarak Al-Sabah had officially formed his Cabinet and it was sworn in. But the Amiri decree regarding the dissolution indicated the decision was recommended by Sheikh Jaber Al-Sabah and was approved by the Cabinet.

The legal experts warned that the parliament cannot be dissolved without the swearing-in of a new government, as stipulated by Article 129 which states: “The resignation of the Prime Minister or his removal from office involve the resignation or removal of all other Ministers” and Article 126 of the Constitution which states: “Before assuming office, the Prime Minister and Ministers, before the Amir, take the Oath”.

However, the government’s legal and legislative department assured that Sheikh Jaber Al-Sabah can chair meetings of the resigned government and recommend the dissolution of the National Assembly.
Furthermore, the Amiri decree setting the date for the 2012 National Assembly elections also faced a constitutional dilemma because the new Cabinet formation did not include a member of the 50-seat parliament as stipulated in Article 56 of the Constitution.

The Court decided that, since the parliament was dissolved, the Cabinet could not abide by Article 56 for a complete Cabinet formation as “Ministers are appointed from amongst the members of the National Assembly and from others”.

MP Ali Al-Rashid was the previous parliament member as well as State Minister for Cabinet Affairs. This means the decree is void as the National Assembly must be reinstated for a constitutionally compliant government.

Agencies add:
Kuwait’s Cabinet discussed Wednesday the “implications” of a constitutional court ruling, to annul the latest parliamentary elections and to reinstate the former dissolved 2009 parliament instead.
“The cabinet has reviewed steps and procedures needed to be taken in the execution of the mentioned ruling, in relation to its implications on the annulment of the election process and the invalidity of its announced winners, along with reinstating of the constitutional authority of the dissolved National Assembly by the power of the constitution,” Deputy Prime Minister, Foreign Minister and State Minister for Cabinet Affairs Sheikh Sabah Khaled Al-Hamad Al-Sabah said in a press statement.
The remarks were made after an urgent Cabinet session held to discuss the matter at Bayan Palace.
The court’s decision was taken in regards to a “procedural oversight” in the December Amiri decree to dissolve the former parliament, the Cabinet statement added.
The Cabinet intends to continue evaluating the matter in an early Thursday session, during which it will take into account the assessment of both the Ministry of Justice and the state’s Fatwa and Legislation Department.

Analysts said Wednesday’s ruling would not be welcomed by many voters who backed opposition politicians due to allegations of financial irregularities against some former lawmakers.
“The previous parliament is completely unpopular,” said Abdullah al-Shayji, a political science professor at Kuwait University.

“It does not have the support of the majority of Kuwaitis who voted for the new parliament and rejected most of the (former) parliamentarians who were rumoured to be involved in the (corruption) scandal.”
But some investors said the court’s ruling to dissolve parliament was a positive step as a protracted row between the government and parliament had long delayed economic reforms and held up vital development projects.

“The old parliament being reinstated is likely to benefit the private sector. I expect to see some positive reaction in the market,” said Talal Al-Hunaif, senior investment analyst at Coast Investment and Development Co.

“The country is suffering from constant political unrest and we saw no positive effect on the market since the new parliament was elected.”

The OPEC member and US ally has weathered the popular uprisings that have swept the Arab region since last year, but tensions rose between the cabinet and opposition lawmakers pushing for a say in government.

In one incident last year, some lawmakers let demonstrators briefly occupy parliament to demand to change the then prime minister, a senior member of the ruling family.

Opposition lawmakers failed to strike a deal with the ruling family in February for a significant share of cabinet posts and started exercising their right to summon ministers for questioning as a way of pressuring the government.

Lawmakers were considering questioning the interior and defence ministers, members of the ruling family, as well as the oil minister.

Thirteen MPs in the previous parliament were questioned last year by the public prosecutor on charges that they received about $350 million in illegal deposits that opposition MPs charged were bribes.

In early December, the Amir, Sheikh Sabah Al-Ahmad Al-Sabah, issued a decree dissolving parliament following youth-led street protests demanding reforms and the sacking of prime minister Sheikh Nasser Mohammad Al-Ahmad Al-Sabah.

Political analyst Anwar Al-Rasheed said the ruling will escalate already high political tension in Kuwait unless the emir dissolves the reinstated parliament again and calls for new polls.

“This historical ruling will certainly lead to intensifying the political crisis in the country that has been suffering for a long time,” Rasheed told AFP.