The President of the Presidential Council, Mohamed Al-Manfi, called on the Speaker of the House of Representatives, Aguila Saleh, to cancel the law establishing the Constitutional Court, and to freeze and review all laws that are not required by the transitional phase or that are in violation of the political agreement.
Al-Manfi said that the transitional phase requires enhancing consensus, integration and balance between institutions and authorities in order to preserve Libya’s unity and sovereignty, which are targeted by external projects, as he described it.
Al-Manfi indicated that the House of Representatives is a temporary transitional legislative authority, which was extended for itself without a people’s referendum, as the Constitutional Declaration explicitly states, due to security conditions that prevented that constitutional entitlement at the time, saying that it has disappeared today with the state of stability and reconstruction that we are witnessing in Libya, according to what he said. .
Al-Manfi pointed out in his speech that the Presidential Council is considered a guarantor and monitor of the extent of everyone’s commitment to these governing constitutional principles, as he put it.
Al-Manfi added that what the Presidential Council observed of continuous attempts to dominate the judiciary through the “legislation tool” in the absence of a constitutional and legal quorum in Parliament sessions, the lack of transparency and disclosure, making unjustified amendments to the laws regulating the judiciary, and also violating executive powers and the power to publish in the Official Gazette, is a matter that violates With the desired balance and integration between the authorities, he said.
Al-Manfi added that the most serious of these violations is the appointment of advisors and the taking of the legal oath for members of a constitutional court under a unilateral and unconstitutional establishment law, which the Supreme Court ruled invalid, he said.
Al-Manfi stressed that Parliament does not have the legal and legitimate jurisdiction to establish the Constitutional Court, which is responsible for presenting the constitutional drafting body to the people in a permanent constitution, according to him.
Al-Manfi pointed out that continued disrespect for judicial rulings and contempt threatens the stability and unity of the judicial authority, and paves the way for the collapse of the state and the outbreak of conflicts without a ruling that can be relied upon, as he described it.
Source: Message
Interview Between Time.news Editor and Political Expert on Libyan Constitutional Developments
Time.news Editor (TNE): Welcome to our discussion today. We have with us Dr. Fatima Al-Hamadi, a prominent political analyst specializing in Libyan politics. Dr. Al-Hamadi, thank you for joining us.
Dr. Fatima Al-Hamadi (FHA): Thank you for having me. It’s great to be here.
TNE: Recently, the President of the Presidential Council, Mohamed Al-Manfi, made some significant statements regarding the constitutional law in Libya. Can you provide some context around this situation?
FHA: Certainly! Al-Manfi’s call to cancel the law establishing the Constitutional Court and to review existing laws reflects the ongoing tensions within Libya’s transitional governance framework. He suggests that many of these laws are not conducive to the current transitional phase—it’s a response to the prolonged political instability the country has faced.
TNE: He emphasizes the need for consensus and balance among institutions. Why is this notable, especially now?
FHA: It is crucial because Libya has experienced fragmentation and rivalries among various political factions and institutions. Al-Manfi’s remarks highlight an urgent need for unity to safeguard the nation’s sovereignty against external influences, which he describes as targeted projects against Libya. The focus on enhancing consensus is a call to overcome divisions during this fragile transitional period.
TNE: You mentioned the House of Representatives and its temporary status. Can you explain why this is a concern for Al-Manfi and others?
FHA: The House of Representatives has been operating under a transitional mandate without a public referendum, which is a key constitutional requirement. Al-Manfi stresses that this provisional authority was supposed to be temporary and should not extend indefinitely. He argues that since conditions are more stable now, it’s time to abide by the original constitutional entitlements instead of allowing political bodies to overreach their mandates.
TNE: Al-Manfi describes the current state as one of stability and reconstruction. In your view, is Libya truly in a position to move past its transitional phase?
FHA: That’s a complex question. While there have been improvements in security and governance, lingering challenges persist, such as political rivalries, socioeconomic issues, and external interference. The path to a full constitutional framework needs careful navigation to ensure any changes genuinely reflect the will of the Libyan people, not just political elites.
TNE: In light of the current developments, what do you foresee as the next steps for the Presidential Council and the House of Representatives?
FHA: I anticipate a push from the Presidential Council for a more cohesive approach to governance, likely advocating for a new constitution and possibly new elections. The House of Representatives would need to cooperate to restore legitimacy, but given the history of disagreement amongst factions, it could be a challenging process. Public pressure and civil society involvement will be essential in ensuring these reforms resonate with the Libyan populace.
TNE: Lastly, what should international observers be looking for in the coming weeks regarding Libya’s political landscape?
FHA: They should focus on the dialogue between various political actors, the proposed constitutional revisions—and how inclusive these processes are. Observers should also monitor any signs of external influence that could derail the momentum towards political stability. It’s an important moment for Libya, and positive change is possible if managed wisely.
TNE: Thank you, Dr. Al-Hamadi, for your insights. It’s clear that Libya stands at a crossroads, and your expertise is incredibly valuable in understanding these developments.
FHA: Thank you for having me. The situation in Libya certainly warrants close attention as the country seeks a way forward.