Local Councils

Rise and Development

 Many changes have been introduced to the Law on Local Administration since 1960. For instance:

  • Law No 57/1971 provided for the establishment of local people's councils;
  • 1979 saw the promulgation of a new law on local administration, to which amendments were introduced in 1981 (Laws 50 and 168) and in 1982 (Law 162);
  • Law No 84/1996 was promulgated with the purpose of enforcing the ruling issued by the Supreme Constitutional Court that Article 47 of the Law on Local Administration which provided that one member of each local people's council would be elected by direct ballot whereas other members would be chosen from party lists was unconstitutional;
  • Republican Decree No. 380/1999 was promulgated instituting a ministry of local development with 20-odd competencies; and
  • Law No. 96/2003 was promulgated amending Article 10 of the Law on Local Administration and incorporating two articles pertaining to the establishment of a local people's council for Luxor, a special-character city.

    Competencies

  • To establish and administer public facilities, with the exception of those deemed national or of special nature as per Presidential decree.
  • The Governorate Council to supervise and monitor the activities of city and village councils, including approving their decisions.
  • To approve draft budgets and final statements.
  • To recommend ways of increasing productivity
  • To levy taxes and fees within their local boundaries.

    Formation
    Members of local people's councils are elected by direct ballot; 50 per cent are workers and farmers.

    Local Councils in the Constitution

    Article 76
    The President shall be elected by direct, public, secret ballot. For an applicant to be accepted as a candidate to presidency, he shall be supported by at least 250 elected members of the People's Assembly, the Shura Council and local popular councils on governorate level, provided that those shall include at least 65 members of the People's Assembly, 25 of the Shura Council and ten of every local council in at least 14 governorates.

    The number of members of the People's Assembly, the Shura Council and local popular councils on governorate level supporting candidature shall be raised in pro rata to any increase in the number of any of these councils. In all cases, support may not be given to more than one candidate.

    Procedures related to this process shall be regulated by the law.

    Political parties, founded at least five consecutive years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 3% of the elected members of both the People's Assembly and the Shura Council in the latest election or an equivalent percentage of such total in one of the two assemblies, may each nominate for presidency a member of their respective higher board, according to their own by-laws, provided he has been a member of such board for at least one consecutive year. As an exception to the provisions of the afore-mentioned paragraph, the afore-mentioned political parties whose members obtained at least one seat in any of the People's Assembly or the Shura Council in the latest election may nominate in any presidential elections to be held within ten years starting from May 1, 2007, any member of its higher board, according to their own by-laws, provided he has been a member of such board for at least one consecutive year.

    Candidature applications shall be submitted to an independent committee, named the Presidential Election Committee. The committee shall be composed of the head of the Supreme Constitutional Court as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of the head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of Cassation, the most senior deputy of the State Council and five public figures, recognized for impartiality. Three of the fore-mentioned public figures shall be selected by the People's Assembly and the other two by the Shura Council upon a recommendation of the bureaus of both houses for a period of five years.

    The law shall determine who will act on behalf of the chairman or any member of the committee, should there be some reason for their absence.

    This committee shall exclusively have the following competences:

    1- To declare the initiation of candidature and supervise procedures for declaring the final list of candidates;

    2- To generally supervise balloting and vote-counting procedures;

    3- To announce elections results;

    4- To decide on all appeals, challenges and all matters related to its competences, including conflict of jurisdiction;

    5- To draw up by-laws regulating its modus operandi and method of practicing its competences.

    The committee's resolutions shall be passed with a majority of at least seven members. Its resolutions shall be final, self-enforcing and incontestable by any means or before any authority whatsoever.

    Its resolutions may not be challenged through construing or stay of execution. The law regulating presidential elections shall determine other competences for the committee. The law shall also determine regulating rules governing the nomination of a candidate to replace another one who has vacated his seat for some reasons other than assignment within the period between the starting date of candidature and before the termination of voting.

    Voting shall be conducted in one single day. The Presidential Election Committee shall establish committees to administer stages of the voting and ballot-counting process. The committee shall establish main committees to be composed of members of the judiciary to supervise the process in accordance with such rules and regulations as may be decided by the committee.

    Election of the president shall be declared when candidates have obtained an absolute majority of the number of valid votes.

    In the event that none of the candidates has obtained such majority, election shall be repeated, at least after seven days, between the two candidates who have obtained the largest number of votes. Should another candidate obtain a number of valid votes equal to those of the second, he shall take part in the re-election. In this case, the candidate who has obtained the largest number of votes will be declared winner.

    Voting for electing the president shall be effected, even though one single candidate has applied or even if he was the only candidate remaining due to assignment of the rest of candidates or due to failure to field another candidate in lieu of the one vacating his seat. In this case, the candidate who has obtained the absolute majority of the number of valid votes shall be declared winner. The law shall regulate procedures to be followed in the event the candidate has failed to obtain this majority.

    The President shall submit the draft law regulating the presidential election to the Supreme Constitutional Court following endorsement by the People's Assembly and before promulgation, to determine compliance with the Constitution. The Court shall return its ruling in this connection within fifteen days from date of submission thereto. Should the court decide that one or more provisions of the draft law are unconstitutional; the President shall return it to the People's Assembly to put this ruling into effect. In all cases, the court's ruling shall be binding to all parties and all state authorities. The law shall be published in the Official Gazette within three days from date of issuance.

    Article 161
    The Arab Republic of Egypt shall be divided into administrative units that are considered as judicial persons, including governorates, cities and villages.

    Article 162
    Local People's Councils shall gradually devolve, on the level of administrative units, by direct election, providing that at last half of their members shall be workers and peasants.

    Heads and deputy-heads, of the Councils shall be selected from among their members by means of election.

    Article 163
    The law shall define method of formation, competencies, financial resources, guarantees for members, relations with the People's Assembly and the government, and the role of the Local People's Councils, in preparing and implementing the development plan and in controlling various activities.

    Candidacy conditions

    Under Law No. 46/1979 on Local Administration, candidates campaigning for Local People's Council seats should be Egyptian nationals; at least 25 years of age on election day; registered as voters and should have residence in their local units; and should be literate. They should also have completed or have been exempted of military service.

    Unless they resign their office, no member of the Armed Forces, the Police or the Judiciary should run for election. The same applies to village mayors, and senior members of the Executive.

    Article 75 (ib.) of Law No. 43/1979 on Local Administration stipulates that members of local people's councils should be elected through direct secret ballot. Symbols should be designated by Governor Decree.

    Article 76 stipulates that candidates should tender a written application of candidacy to their governorates or to their local units within a period of 10 days as specified by the Governor. A 100-pound receipt should be attached to the application in case candidate is running at governorate level; a 50-pound receipt in case he/she is running at city level; and a 20-pound receipt in case he/she is running at village level.

    Election procedures

    Article 75 (ib.) of Law No. 43/1979 on Local Administration stipulates that members of local people's councils should be elected through direct secret ballot. Symbols should be designated by Governor Decree.

    Members of local people's councils are elected by direct ballot; 50 per cent are workers and peasants.


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