Hamas lawmaker Faraj Al-Ghoul says extending Abbas' term beyond January 5, 2009 is illegal

Date: 30 / 06 / 2008  Time:  14:42
Gaza – Ma'an –

Palestinian lawmaker Faraj Al-Ghoul, a member of Hamas' change and reform bloc, said on Monday that "extending president Abbas' term for even one extra day will be illegal and violates the Palestinian basic law."

Al-Ghoul, who is the head of the Palestinian Legislative Council (PLC) legislative committee, was responding to an announcement over the weekend by the Palestinian Authority that Abbas' tenure will coincide with the current term of the PLC, which goes until January 2010, a year after Abbas' term was originally scheduled to expire.

On Sunday PLC Acting Speaker Ahmad Bahar said that Hamas will not recognize Abbas beyond January 2009. Until now, Hamas has never disputed Abbas' mandate as president.

Al-Ghoul told Ma'an that article 36 of the Palestinian Basic Law dictates that the PA's presidency term is four years and cannot be extended, unless the Basic Law itself is amended with the consent of two thirds of the PLC.

"Constitutional law experts consider the constitution's articles to be above all other law. What has been said about article 111 of the election law is contradictory to the Basic Law and therefore unconstitutional. Priority should be given to the Basic Law," Al-Ghoul said.

Abbas' term was originally scheduled to end on 5 January 2009.

Al-Ghoul added: "Article 37, paragraph two of the Palestinian basic law reads that in case the post of Palestinian Authority president is vacant, PLC speaker becomes president for 60 days during which a new president is elected. This means that after 5 January 2009, President Abbas will no more be the president, and PLC speaker Dr Aziz Dweik becomes president. If he is not released from Israeli jails by that time, his first deputy Dr Ahmad [Bahar] takes charge according to the Palestinian basic law."