On Saturday, 2 June, Egypt’s Supreme Constitutional Court issued a ruling related to Egypt’s Law on Associations and Non-Governmental Organizations (NGOs) (Law No. 84 of 2002).

In its ruling, the Court found that Article 42 of the law violates Egypt’s Constitution, and that the Minister of Social Solidarity does not have the authority to dismiss the boards of NGOs and other organizations. The court ruled that under Egypt’s Constitution, only a judicial verdict can dissolve an NGO or other organization.

The court based its ruling on Article 75 of Egypt’s Constitution, which guarantees the “freedom of citizens to form civil associations and institutions on a democratic basis.” According to the Egyptian newspaper Al-Masry Al-Youm, “the court added that the right of citizens to form civil associations and their related rights and other public freedoms are all constitutional foundations.”

The newspaper also noted, “For this purpose, the constitution, in Article 75, guarantees the independence of NGOs and their bodies in their affairs, to practice activities freely, and to achieve their objectives” – underscoring the importance of the rule of law in Egypt and the role of the independent judiciary in upholding the constitutional rights of citizens and organizations operating in Egypt.

For more information, see the article below sourced from Al-Masry Al-Youm.

Egypt’s top court bans Social Solidarity Minister from dissolving NGOs

Al-Masry Al-Youm

Sunday 3 June 2018

Egypt’s top court bans Social Solidarity Minister from dissolving NGOs

Egypt’s Supreme Constitutional Court (SCC) ruled on Saturday that it will not grant the Minister of Social Solidarity the authority to remove the boards of directors for NGOs.

The Minister of Social Solidarity, in accordance with Article 42 of the Law on Associations and NGOs No. 84 of 2002, supposedly has the authority to dismiss NGO boards.

The court verdict ruled that Article 42 is unconstitutional.

Local news website Masrawy reported that the ruling invalidated the authority of the Minister of Social Solidarity to dissolve NGOs and any associations in the case of activity changes or receiving foreign funds.

The court concluded that it is not possible to grant the Minister of Social Solidarity or his representative the power to remove the boards of directors of associations without judicial verdict.

In its decision, the SCC stated that Article 75 of the constitution guarantees freedom of citizens to form civil associations and institutions on a democratic basis.

The court said that the constitution prohibits administrative bodies from interfering in NGO affairs or dissolving their boards of directors or board of trustees, except by a judicial ruling.

SCC stated that constitution also prohibits the establishment and continuation of associations or institutions whose activity is secret, and of a military or paramilitary nature.

The court added that the right of citizens to form civil associations and their related rights and other public freedoms are all constitutional foundations. For this purpose, the constitution, in Article 75, guarantees the independence of NGOs and their bodies in their affairs, to practice activities freely, and to achieve their objectives.