Archive for Administrative Court

The administrative court of the State Council issued a ruling on Tuesday saying that annulling the decision to put the draft constitution to referendum is not within the jurisdiction of the judiciary.

A lawsuit was filed before the administrative court demanding the cancellation of President Mohamed Morsy’s decision to hold a referendum on the new constitutional draft next Saturday, 15 December.

The court said that calling people to referendum was an act of sovereignty, and not subject to judicial oversight.

On the other hand, the same court decided to refer cases that demand the cancellation of the two recent constitutional declarations issued by Morsy to the Board of State Commissioners to prepare a legal report on the appeals against the declarations. The court set 15 January 2013 to issue a final ruling.

Edited translation from Al-Masry Al-Youm

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The Administrative Court has fined Muslim Brotherhood lawyers LE1.47 million for withdrawing appeals they had previously filed in an attempt to change the judges set to rule on the legality of President Mohamed Morsy’s 22 November constitutional declaration.

According to Egyptian law, plaintiff and defense lawyers have the right to request a new judges’ panel if they feel an existing panel is partial to one side.

Legal experts argue that Brotherhood lawyers had demanded the judge changes in order to delay a decision on the constitutional decree until a constitutional referendum is held on 15 December. However, the attorneys withdrew their appeals Sunday after Morsy issued a new constitutional declaration the day before, nullifying the 22 November decree. The court decided not to consider the appeals.

The Administrative Court fined the Brotherhood lawyers LE6,000 for each judge they requested changed. Five judges sit on each panel, and 35 appeals were filed in total.

Edited translation from Al-Masry Al-Youm

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Morsy to review new constitution

Constituent Assembly Head Hossam al-Gheriany is submitting the draft constitution, finalized on Friday, to President Mohamed Morsy on Saturday, with the president expected to ratify it within a few hours, according to reports by state-run newspaper Al-Ahram.

Meanwhile, the National Salvation Front, formed after Morsy issued his constitutional declaration and consisting of several opposition parties and movements, issued a statement late Friday saying that putting the current draft constitution to a referendum would "endanger the country."

The front threatened to stage further marches to the presidential palace to press their demands, as demonstrations in support of the president continued in front of Cairo University.

The Constitutional Court will review the appeal against the constitutionality of the elections law Sunday, which governed elections for the Shura Council, and the court is also expectedd to review another challenge against the constitutionality of the Constituent Assembly.

Additionally, the Administrative Court will review 12 lawsuits Tuesday challenging Morsy's constitutional declaration.

The declaration, issued by Morsy on 22 November, grants the president broad powers and immunizes the Constituent Assembly and Shura Council from dissolution. The declaration has sparked mass protests both for and against it and has opened a rift between the president and the judiciary.

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The Administrative Court received 13 lawsuits on Saturday calling for the cancelation of President Mohamed Morsy’s constitutional declaration.

The identities of the individuals and groups filing the lawsuits were still unknown, but all of the suits alleged that the declaration was illegal, saying that any such decisions need to be put to public referendum under judicial supervision.

The lawsuits also accused Morsy of abusing his power, saying that presidential decisions can be challenged by administrative courts and that making such decisions immune from judicial review cannot happen without dissolving the State Council and the Supreme Constitutional Court.

All of the lawsuits further allege that the declaration violates all constitutional rules and ignores the public interest at the expense of narrow political and sectarian concerns.

Edited translation from Al-Masry Al-Youm

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The Administrative Court ruled Sunday that Zewail City of Science and Technology must return one of three buildings to Nile University.

The ruling came in response to a lawsuit filed by former MP Hamdy al-Fakhrany against the higher education minister, the prime minister and the former head of the Supreme Council of the Armed Forces seeking to cancel the transfer of land and facilities to Zewail City.

Nile University students had been protesting the public prosecutor’s decision to hand the campus over to Nobel Laureate Ahmed Zewail. The demonstrators claimed that the Nile University administration had paid LE62 million for the right to use the campus for 99 years, and demanded that their campus remain in Zewail City and that they be allowed to use its laboratories and facilities.

Students earlier set up tents to take their lectures, where they had previously been protesting and staging sit-ins.

Edited translation from Al-Masry Al-Youm

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The Administrative Court turned down a lawsuit filed by anti-Islamist media host Tawfiq Okasha, the head of Al-Faraeen satellite channel, challenging a decision to stop broadcasts of his channel, MENA reported.

In the lawsuit, Okasha called for the permanent resumption of its broadcast after the period of suspension ended on 23 September 2012.

Last month, an administrative court order the government to temporary allow Al-Faraeen to resume broadcasting, a decisions that was hailed by Okasha and his supporters.

Okasha, who is known for his lengthy anti-Islamist rants on his Al-Faraeen talk show, faces several court cases, including one for allegedly inciting the assassination of President Mohamed Morsy, judicial sources said.

Okasha field his lawsuit against Minister of Information Salah Abdel Maqsoud, Minister of Investment Osama Saleh and the head of the Media Free Zone Effat Mohamed Abdel Azeem.

In the lawsuit, Okasha said the Media Free Zone board on 9 August 2012 stopped the broadcast of the channel for 45 days and the decision was challenged before the State Council. The challenge is supposed to be reviewed on 24 November.

Though 45 days have passed, the Free Zone has not yet allowed the channel to resume broadcasts.

The case is another judicial defeat for for Okasha, who was sentenced last month to four months in prison on Monday for defaming President Mohamed Morsy.

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The Qasr al-Nil Misdemeanor Court said Tuesday that a case filed by Abdallah Badr against actress Elham Shaheen was outside its jurisdiction.

Badr, a professor of Interpretation and Quranic Sciences at Al-Azhar, accused Shaheen of committing vice in her movies and of wearing seductive clothes that incite bawdiness and immorality. The court set the 14 November for the review of the case before the original court division.

The plaintiff's lawyers had presented several CDs and shots from Shaheen's movies and accused Shaheen of harming the image of Islam and promoting vice through her works.

The administrative court had ordered the suspension of a TV show that Badr presents on al-Hafez satellite channel after Shaheen filed a case against him.

Shaheen has filed several cases against Badr in which she accuses him of slandering her and manipulating her photos. She also accuses him of inciting sectarian strife, jeopardizing public security and committing blasphemy.

Edited translation from Al-Masry Al-Youm

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British company Centamin said Monday that an Egyptian administrative court did not terminate its license with the Egyptian government to mine gold in the country, adding that it’s confident the whole issue will be resolved through an appeal process.

The official written judgment makes it clear that it “rejects any request to terminate” the contract, Centamin said in a statement.

Centmain said the judgment further makes it clear that Pharaoh Gold Mines, Centamin’s wholly owned subsidiary, had “made the necessary notification to be entitled to be granted an ‘exploitation lease’ in accordance with the Concession Agreement.”

An administrative court ruled last month that Centamin’s contract to use the Sukari Gold Mine in Egypt was void.

Centamin, which owns a 50 percent interest in Sukari through its subsidiary Pharaoh Gold Mines, said in early October that it was on target to produce 250,000 ounces of gold.

The court judgment, which sent shares in Centamin tumbling last Tuesday, said sufficient evidence had not been submitted to it regarding the firm’s right to mine.

The company said the court’s judgment states, however, that although agreement was reached between Pharaoh Gold Mines and the Egyptian Mineral Resources Authority over the 160-square-kilometer “exploitation lease” at Sukari, “sufficient evidence” was not submitted to the court to demonstrate that Centamin had received approval from the relevant minister.

“… Thus the court deemed that the process of the conversation to an exploitation lease was therefore invalid,” the statement said.

Centamin said it was confident that normal operations at the mine would be maintained while its appeal case is heard, saying it had the original lease documentation that shows it obtained approval from the minister to use the mine.

“It appears that this document was not listed in the documents supplied to the court,” the company stated. “As such the company is confident that this matter can be resolved during the appeal process.”

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An administrative court decided Saturday to suspend broadcasting the TV show Quran and Sunnah, presented by preacher Abdallah Badr on the Islamist satellite channel Al-Hafiz, in a lawsuit filed against him accusing him of defaming prominent actress Elham Shahin.

Prosecution heard Shahin’s attorney Yasser Abdel Razek and Actors’ Syndicate head Ashraf Abdel Ghafour in the lawsuit filed by the actress against Badr and Al-Hafiz head Atef Abdel Rashed, accusing them of incitement, spreading chaos in the country and disturbing public security.

Abdel Ghafour said in the investigation that he was surprised by Badr’s statements against Shahin during his show.

Badr had described Shahin of being “promiscuous, naked, and lascivious,” and also called her a “prostitute” and “infidel.”

Abdel Ghafour said in his statement to the court that he suffered psychological damage because of Badr’s statements. He handed the court a list of the honors and awards obtained by Shahin throughout her career.

The Public Prosecution gave the court clips of Badr’s show, filed by Shahin in her complaint, containing his statements against her.

Edited translation from Al-Masry Al-Youm

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An administrative court ruled on Saturday that the government must renew the license of Qatari-owned news channel Al Jazeera Mubasher Misr.

The channel said it had applied for the renewal of its license in April 2011, but the renewal was refused without any reason being given, which it said was against the law of investment guarantees.

Official sources at the channel had said in previous press statements that Egyptian authorities, particularly during the rule of the Supreme Council of the Armed Forces, refused to renew the license, which prompted the channel to broadcast from Doha.

Security forces twice stormed the channel's offices in September 2011 and confiscated equipment.  The government justified the raid by saying that the channel was operating without the proper permits.

The channel was the target of frequent raids and harassment under former President Hosni Mubarak's rule. Egyptian authorities briefly shut down the channel during the 25 January revolution, accusing it of inciting the protests that ultimately forced Mubarak out.

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