The House of Representatives (HoR) held a ‘‘breakaway’’ session today at its headquarters in Benghazi, presided over by the Second Deputy Speaker, Misbah Douma, and attended by (a quorum of) 102 MPs, the HoR’s Official Spokesperson confirmed.
87 is the number widely accepted as a quorum.
The session addressed the adoption of a parliamentary term system, based on a request submitted by several members.
The request stipulated that:
· A parliamentary term system be adopted for the House’s elected leadership;
· The term of office is set at twelve months from the date of election, concluding automatically upon the expiration of this period.
· The subsequent parliamentary term begins with the election of a new leadership.
· The new system takes effect immediately upon the approval of this amendment, and the new leadership must be elected within seven days of that date.
· Failure to hold a session to elect or renew the leadership on schedule does not result in any extension or continuation of the outgoing leadership's term, nor does it create any additional tenure.
· The outgoing leadership is prohibited from obstructing or postponing the convening of the House, the election of the new leadership, or any procedure that would extend its own term.
· Should the outgoing leadership refrain from calling for the election of the new leadership, the House of Representatives shall convene by operation of law—without the need for a formal summons—provided the required quorum is met; the eldest member shall preside over the session, and the youngest member shall serve as rapporteur.
· The session shall continue until the election of the new Presidium is concluded.
Following deliberation and discussion of the above, the House voted today to adopt the parliamentary term system with 98 out of 102 votes in favour.
Salah had called for the convening of a session tomorrow
It will be recalled that Speaker Ageela Saleh had called yesterday for the convening of a session to be held in the same place and city tomorrow.
It will be interesting to see how many members are reported to have attended - if the meeting does go ahead.
Saleh has announced that the agenda will be:
- Amending Law No. (4) of 2014 and scheduling a parliamentary session.
- Discussing the constitutionality of the laws submitted by the "4+4" Committee—which have already been approved by the House—and incorporating them into the Constitutional Declaration.
September session approves UNSMIL brokered 4+4 Committee
It will be recalled that the HoR had held an ‘‘official’’, but closed, session of between 30-40 members (judging from photos) in September which ‘‘unanimously’’ approved the UNSMIL brokered "4+4 Committee".
Quorum?
It will be recalled that 68 HoR members had issued a statement on the same day that the September HoR session was being held. It stated their refusal to hold or participate in an HoR session unless the procedures and protocols governing its operations are observed.
They emphasized that, should an agenda be adopted, they would refuse to discuss any item other than the amendment of the internal regulations. They added:
- We affirm that the legal quorum required for the House to convene—defined as the presence of 87 deputies—has not been met; consequently, any session held in the absence of this quorum fails to satisfy the conditions for a valid meeting, and its outcomes are subject to legal challenge before the competent judicial authorities.
- Withholding the quorum is a legitimate democratic parliamentary practice that reflects the deputies' stance; it cannot be circumvented, nor can a fait accompli be imposed within the legislative institution.
- Should the current leadership persist in this course of action, we will move to convene a session with a full quorum—presided over by the eldest member—to take the necessary measures to elect a new leadership that respects the will of the House, adheres to its internal regulations, and upholds the regularity of its sessions and the independence of its decision-making.
- The House of Representatives is an institution governed by rules and procedures, not one reducible to specific individuals; legitimacy is not imposed through a fait accompli but is derived from respect for the law and the will of the members.
First official session in over eight months
It will be recalled that the September session was the first time the HoR had sat in an official session for more than eight months. This excludes unofficial sessions where issues were debated without a binding vote.
Calls for sessions ignored by Saleh
Over this period there have been numerous calls by various HoR members on Speaker Salah to convene a session – without any success.
It is believed that Saleh has avoided holding an official HoR session because of the threat of his removal as Speaker.
Calls for removal of Saleh
There have also been calls for the removal of Saleh from his post as HoR Speaker – again without success.
Has Saleh lost Hafter’s support?
It is unclear why Hafter has allowed the ‘‘breakaway-from Saleh’’ HoR to hold a meeting in Benghazi. Last month they were prevented by security personnel from entering the HoR’s headquarters.
New political territory?
This is new political territory as it is unclear what an HoR without the leadership of Ageela Saleh and the existing status quo dynamic between Saleh and Hafter will mean for Libya’s fragmented and precarious Libyan politics.
It will be interesting to see what position the HoR, without Saleh's leadership, will take regarding the UNSMIL brokered "4+4 Committee".
HoR Speaker Ageela Saleh Calls for Official Session in Benghazi