May 19, 1998
The Court postpones its decision on an appeal to cancel by-elections in Gaza.
The Court postpones its decision on an appeal to cancel by-elections in Gaza.

 

PRESS RELEASE

Released @ 1:00 GMT 19th May 1998

The Court postpones its decision on an appeal to cancel by-elections in Gaza.

Yesterday, Monday 18 May 1998, the Election Appeals Court convened to consider an appeal presented by advocate Abdel Rahman Abul Nasser and Dr. Kamal Al-Astal to cancel the by-election in the Gaza constituency scheduled for 29 May 1998. The by-election has been called in order to fill the vacancy in the Palestinian Legislative Council left by the resignation of former Council member Dr. Haidar Abdel Shafi. According to the appeal, holding this election is null and void because the remaining period of term for the member elect is less than one year, the minimum period according to the law.

In a press release issued yesterday, the Palestinian Centre for Human Rights called for holding by-elections in due time and in accordance with the law. The Centre noted that the vacancy opened on 4 April 1998, making the remaining period of term more than one year as the legislative term will end by the end of the interim period on 4 May 1999.

Advocate Abul Nasser told the court that the reason for his appeal was to assert that 4 May 1999 is the date for the end of the interim period and to urge the court to assert this date and not to let the Israelis exploit the affair. The court has adjourned and will reconvene tomorrow, Wednesday 20 May, to make a decision. The PCHR finds no reason for the court and the judiciary to become involved in asserting the date for the end of the interim period, which has already been agreed upon in the interim agreement.

The Centre also finds it necessary to hold by-elections in the Gaza constituency in accordance with the Palestinian Election Law (1995) and considers that canceling these elections will negatively affect the development of the democratic process and the rule of law.