The Supreme Court will rule on Wednesday to overturn a ruling made by a court in al-Bayda against the current Draft Constitution, sources familiar with the matter have told our website.
If true, the move would be a major milestone toward concluding Libya’s political transition. The UN relies on the court’s decision to end the current political impasse. This became clear after Ghassan Salame, head of the UN Support Mission in Libya (UNSMIL), told a monthly meeting of EU foreign ministers on Monday that his mission was awaiting a ‘green light’ from the Supreme Court before facilitating a referendum on Libya’s new constitution.
When the Libyan Political Agreement (LPA, also known as the Skhirat Agreement) was signed on 17 December 2015, it stated that the work of the Constitutional Drafting Assembly (CDA), “shall continue until a date no later than 24 March 2016. In case the Assembly is not able to conclude its mission by that date, a committee consisting of five representatives from each of the House of Representatives and the State Council with the participation of the Presidency Council of the Council of Ministers, shall be formed at a date that does not exceed two weeks of that date to deliberate regarding this matter.”
After none of those objectives were met, UNSMIL proposed an ‘action plan’ which should see the mission organizing presidential and parliamentary elections before the end of 2018. The first step was the launch of voter registration on 06 December 2017. On Monday, the number of registered voters reached 2,129,345, according to the High National Election Commission. Mr Salame told the EU ministers the referendum will go ahead if the number of registered voters was sufficient.
The current draft was passed by the CDA in July of last year by 43 votes out of 44 who attended the session. After which it was supposed to be referred to the House of Representatives (HoR), however the process was interrupted by a court ruling citing the expiration of CDA mandate. In response, the CDA filed an appeal to the Supreme Court.
The HoR is yet to issue an election law to regulate the coming elections, and amend the Constitutional Declaration, which governs Libya’s transitional stage, to include the Libyan Political Agreement.
The sources said a decision might be postponed in light of last night’s terrorist attack in Benghazi.