Tripoli based Libyan Prime Minister, Abd Alhamid Aldabaiba made two new ministerial appointments yesterday, filling gaps due to suspensions / resignations.
– Salem Mustafa Hussein Al-Alam is the new Minister of Culture and Knowledge Development
– Mohamed Abdel Salam Al-Grew is the new Minister of Education
Appointments raising political objections
Despite the two ministerial posts having relatively low political importance, they have caused a political reaction from the Presidency Council, rather than the expected objection from the House of Representatives.
Head of Presidency Council Menfi
First, the Head of Presidency Council, Mohamed Al-Menfi, issued a (widely leaked) letter to Aldabaiba yesterday in which he stated:
– Your actions regarding the cabinet reshuffle, which includes the dismissal of ministers, violate the fact that they enjoy the confidence of the legislative authorities (House of Representatives / High State Council), a confidence derived and ongoing according to the Political Agreement.
– The formation of governments or any reshuffle is subject exclusively to the Political Agreement and its annexes included in the Constitutional Declaration and its amendments.
– Governments lose their legitimacy and become caretaker governments in the event of a vote of no confidence, according to the absent constitutional requirements, or in the event of a vacancy in the core cabinet equal to one-third, as per the Political Agreement, or half, according to the most optimistic interpretations, of the approved cabinet.
– Addressing vacancies resulting from the voluntary resignation of ministers requires broad national consensus and sound legal frameworks.
– It also requires binding consultations regarding the portfolios of Defence (still unfilled and held by Aldabaiba) and Foreign Affairs (held by Al-Baour as an Acting Minister), which today represent a top national priority for success.
Presidency Council member Al-Koni
Meanwhile, Presidency Council Member, Musa Al-Koni, reacted to Al-Menfi’s letter to Aldabaiba with a letter of his own yesterday in which he accused Al-Menfi of exceeding his authority regarding the government reshuffle and his request for coordination and consultation with Aldabaiba.
In effect, Al-Koni was saying that Menfi’s letter to Aldabaiba was not valid unless it was issued by the three-member Presidential Council as a whole. In his letter, All-Koni said:
– What was stated in your letter entitled “Supreme National Interests” represents a clear departure from the requirements of jurisdiction and an overstepping of the limits of the powers granted to you individually.
– Matters related to the structure and balances of the supreme executive authority, and any official communication regarding them with the Prime Minister, fall within the inherent jurisdiction of the Presidential Council as a whole.
– The Presidency Council’s work has witnessed, on previous occasions, procedures and decisions taken without presenting them to the Presidency Council as a whole or adhering to the constitutional and legislative frameworks it now upholds.
– This weakens the validity of the reasoning and reveals a contradiction incompatible with the requirements of institutional discipline.
– Any position regarding the government vacancy or the restructuring of certain portfolios does not acquire institutional legitimacy and is not valid unless issued by the Presidential Council as a whole.
