The Parliament, the elections and the controversy

Ghenwah Jabouri
Staff Writer

KUWAIT: His Highness the Amir Sheikh Sabah AlـAhmad AlـSabah announced the dissolution of Parliament in a live speech made to the nation on March 18 on Kuwait Television, calling for early elections. Nevertheless, with the political mayhem that was witnessed between the now former MPs and the now former Cabinet, such a decision was bound to made to bring a conclusion to the saga.
It all started with parliament members wanting to question His Highness the former Prime Minister Sheikh Nasser AlـSabah, a stir that provoked His Highness the Amir, whom made it clear several times that MPs should not cross "the redline."
The MPs did not comply, nor did they respect His Highness the Amir''s wishes, and the Cabinet resigned on March 17, prompting the dissolution of parliament the next day. Adding to the situation, it is rumored His Highness the Crown Prince Sheikh Nawaf AlـAhmad AlـSabah is to be named prime minister, adding to the controversy.
Some had predicted that His Highness the Amir would have suspended parliament unconstitutionally, Kuwait''s parliament having a long history in challenging the government and this not being the first dissolution; only last year in March His Highness the Amir dissolved parliament, on the exact same date, as well as in May 2006. This marks the third dissolution since his ascendancy to throne in March 2006.
Al Watan Daily spoke to various experts and citizens to hear what they have to say about the situation, and indeed the scenario is complex and mired in controversy hard to ignore.
"The main issues that differentiate this dissolution from the last are the misuse of the inquiry mechanism. MPs severely misused the inquiry of the government, going to extremes and beyond the limits of the constitution," said Labeed Abdal, Attorney at law, Constitutional expert, and head of the International Committee in Kuwait Bar Association.
The expert said the parliament should have waited to see the result of the judicial power and not to continue with the inquiry, as this is one of the main pillars of the golden principle of the separation of powers.
The expert stressed "that the government should have been more powerful and capable of defending itself in parliament, especially when questioned or grilled by MPs. According to the Constitution, the government has the full right to provide all the needed evidence to justify its position."
On the responsibility of the public, he said: "The voters should remember the weak performance of the late parliament, and the malpractice of some MPs, and elect new members."
He said that a truly new parliament would be more active and issue legislation that is needed "to develop the country and meet local and international requirements to modernize Kuwait."
Abdal believes that some of the advantages of His Highness the Amir''s decision to dissolve parliament brought the matter back to the people to decide the country''s future.
"If they are not happy with the government, they will choose the old MPs. This will generate more difficult times," he explained.
Abdal said the disadvantages to the dissolution was that there would be further delays in progressing, such as projects like the northern oil wells, Failaka Island, and upgrading the airport.
The expert added that had His Highness the Amir decided to suspend parliament, it would have been unconstitutional, ultimately ending with a dissolved parliament being put back in their seats more powerful than ever.
Abdal further noted that if His Highness the Amir decided to appoint His Highness Sheikh Nawaf as prime minister that the Constitution does not enjoin these two posts and that when this was the case previously in Kuwait''s history, it was "unpractical." He further said that "this will not prevent MPs from challenging him and filing an inquiry against him."


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