Press Conference Sunday 26/9/2010 To Answer to The Recommendations of Madinati Committee
VOID
Press Conference Sunday 26/9/2010
To Answer to The Recommendations of Madinati Committee
Thursday, 23/9/2010
The Egyptian Center for Economic and Social Rights said that the recommendations reached by the Committee which was formed to conceptualize legal solutions for the implementation of provisions of the Supreme Administrative Court in motions 30952 &31314 / 56 jy (ruling of invalidity of Madinati contract ). The recommendations are invalid as they are a circumvention to the court ruling , based on feeble rationale and necessities that blow the proofing of the court rulings.
The committee applies the ruling formally only (just on paper) and binds the government to reissue the contract with project owner company by direct order allegedly referring to article 31′ of the auctions tenders law # 89 /1998 , modified by the law 148/2006 as well as the article 11 of the prime minister decree 2041 /2006 that was issued to implement the previously mentioned article 31′.
The Egyptian Center for Economic and Social Rights states that
1- Article 31′ to which the committee referred pertains to removing trespasses on state property that occurred before the law #148/ 2006 , issued 15/7/2006, which states – apart from articles 30& 31 /2006 – that all real estate can be used by seizers who have build on their land or have reclaimed it . it is clear that this article facilitates correcting the legal positions of small scale farmers who seized the land before the law was issued whereas Madinati dispute is neither a small scale issue nor a case of land seizing , it is implementing acourt rule to void a contract.
2- Article 31′ set a maximum area limit to the stretches of land for which the article is applicable where it stated ( for a maximum area of 100 feddans in desert and reclaimed land ,ten feddans in old arable land and all administration added areas). The Land in Madinati is of an area far greater than all the previously mentioned as the contract voided by court ruling includes 8000 feddans.
3- Necessity considerations that the committee referred to pass those recommendations complying with article 11 of the law 2041/2006 are all but false ones that restrict the available solutions to implement the decisions to one possibility only to justify giving the land back to the company allegedly protecting clients’ rights and the stability of the legal positions of all parties involved in the project . The prime interest that the committee should have considered is the public interest that includes :
a- Respecting the rule of law and practically implementing the court ruling because it is the guarantee for social peace and justice. The committee’s vision wasted the power and deterrence of the court ruling whether for individual parties of the contract who dared to issue such a contract or for deterrence of final rulings. The committee decision opens the door for deception and circumventing court rulings under the pretext of the stability of the legal positions which are in fact not stable. The company does not own the land yet because it did not pay the whole price. Also the clients are really not owners yet as they purchased from a party that does not practically own the land with primary contracts.
b- The court ruling stated that the contract subject is public fund and public property and Egypt’s deserts are treasures to be cherished not wasted. Not only have the rights of 80 million Egyptians had to be preserved, but also the rights of the future generations as well.
4- The state has to take full responsibility in protecting the constitutional legitimacy and implementing court rulings effectively to achieve individual and public deterrence and protect the rights of clients. There are tens of possible settlements and solutions that serve these targets and that are not circumventing them and that are pending the political will to be implemented.
In that context, the Egyptian Center for Economic and Social Rights asks the government to do approve those recommendations and forward them back to the committee to set some alternative settlements that serve the previously mentioned targets.
The Egyptian Center for Economic and Social Rights as a representative of the plaintiffs and authorized from Yasmin Hamdy al-Fakharany, who filed the case of Madinati , asserts that if those recommendations were implemented , the case will not be over yet but rather a start for a new round of challenging those recommendations and taking all legal measures to implement the court ruling and the Egyptian judiciary will arbitrate between us and the Egyptian government.
The Egyptian Center for Economic and Social Rights will hold a press conference on Sunday 26/9/2010 at 12:00 pm at the Center’s office : 1,Souq al-Towfikia St., 4th floor. The legal measures that will be taken will be announced at the conference.
Guests
Plaintiffs of Madinati case
Interveners of Madinati case
Plaintiffs of the cases of Tushka , Suez lands and Palm Hills
Lawyers, intellectuals and jurists headed by Dr. Yehia al-Gamal, chancellor Ibrahim Darwish , Dr. Salah Sadek, Dr. Hossam Eissa , Dr. Abd al-Galeel Mustafa and the writer Saad Hagras .
