Court Orders South Dakahlia Bar Association to Convene General Assembly After Prolonged Delay
The Egyptian Center for Economic and Social Rights secured a ruling from the 77th Circuit of the Administrative Court at the Mansoura State Council on November 19, 2024. The court annulled the South Dakahlia Bar Association Board’s refusal to convene a general assembly for its members, a meeting required to review the annual financial statements, address auditors’ remarks, and propose the budget for the upcoming year.
The case, filed under No. 35948/46 Judicial Year, was initiated by lawyers Ahmed Sayed Ahmed Abdelhamid, Mohamed Mahmoud Mohamed Attia, and Wael Abdel-Malek Labib Ghali against the president and board members of the South Dakahlia Bar Association in their official capacities.
The plaintiffs argued that the board was legally obligated to hold the assembly in March 2024, as mandated by the Egyptian Advocacy Law. The board’s failure to comply with Articles 148, 149, and 157, which govern the annual assembly’s proceedings, led the plaintiffs to issue formal legal notices on March 25, 2024. Despite these warnings, the board persisted in its refusal, prompting legal action.
Article 148 of Law No. 17 of 1983, as amended by Law No. 147 of 2019, requires sub-bar associations to convene a general assembly annually in March, presided over by the association’s president, either at its headquarters or another suitable venue.
Article 149 outlines the assembly’s duties, including reviewing the board’s report, financial statements, auditors’ observations, and the proposed budget for the upcoming year. It also allows for discussions on matters raised by the sub-bar board or the General Bar Association.
Article 157 sets forth the financial regulations for both general and sub-bar associations, detailing bookkeeping practices, budget preparation, and financial audits. Additionally, Article 161 mandates that sub-bar associations submit their budget proposals for the upcoming year and their finalized accounts for the previous year to the General Bar Association by February each year.
Citing these legal obligations, the court ordered the South Dakahlia Bar Association to hold the overdue assembly without further delay.