Fact-finding committees flout law; challenge issue in courts
“HERE I present a stark portrayal borrowed from the administrative proceedings of Kuwait University: the relentless assault of fact-finding committees upon the faculty,” columnist Dr Falah Muhammad Fahd Al-Hajri wrote for Al-Qabas daily.
“With a borrowed brush, I sketch a scene reminiscent of an afflicted eye, tears mingling with the red ink of injustice. Since the inception of Kuwait University on October 8, 1966, certain leaders have sought to quash dissenting voices, birthing the concept of fact-finding committees.
“I refrain from delving into the university’s extensive history or the ongoing struggle of the Faculty Association against successive administrations, particularly concerning the contentious issue of fact-finding committees. Instead, I focus on the emergence of the Independent Academic List in the midnineties, a beacon of truth amidst the turmoil.
“In my impartial inquiry, I ask: what is the true purpose of these committees? Were they established in accordance with the law? To answer these questions objectively, I turn to Dr. Ibrahim Al-Hamoud, who defines the fact-finding committee as a tool wielded by university administrations to gather evidence, fabricate charges, or shield individuals from scrutiny.
“The Public Universities Law 762019 mandates the inclusion of a Faculty Association representative in investigation and disciplinary proceedings, ensuring fairness. However, administrations often sidestep this requirement by convening factfinding committees, thereby circumventing proper oversight.
“In my view, the primary objective of these committees is to neutralize the influence of the Faculty Association representative, facilitating unfettered pursuit of their agenda. This may entail vindictive attacks on faculty members or clandestine efforts to conceal wrongdoing, depending on their loyalty.
“The presence of the association’s representative serves as a bulwark against unjust persecution, leading to exoneration for many faculty members subjected to investigation.
“In conclusion, Dr. Ibrahim AlHamoud asserts that fact-finding committees are illegitimate constructs that flout the provisions of Law 76/2019. Faculty members should refrain from participating in their proceedings and challenge their authority before the judiciary, sending a clear message that they reject their validity.”
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“When considering the Constitution and the internal regulations governing the National Assembly’s operations, the role of the Speaker emerges as pivotal. Thus, it’s imperative to entrust this position to an individual capable of leading the Council with impartiality and objectivity,” columnist Dr Faisal AlSharifi wrote for Al-Jarida daily.
“The Kuwaiti Constitution underscores the significance of the Speaker’s role, ranking it third in protocol after the Amir and Crown Prince. Endowed with a range of responsibilities, the Speaker serves as the Council’s representative, spokesperson, and overseer of administrative and financial matters. They also represent the Council in legal proceedings and supervise its General Secretariat, ensuring adherence to constitutional provisions and laws.
“Among the Speaker’s duties are maintaining order within the Council, presiding over sessions, managing the budget, signing contracts, and exercising powers akin to a minister in managing Council affairs. Additionally, they establish protocols for visitor attendance and may take disciplinary action if necessary.
“While various Presidents of the Council may excel in these competencies to different degrees, their effectiveness ultimately hinges on their impartial management of sessions and interactions with the government and MPs. Upholding the principles of separation of powers and cooperation is paramount.
“The Speaker’s efficacy lies in their comprehension of their legal mandate and broad powers conferred by the Constitution. Hence, it is incumbent upon those selected to safeguard this position’s integrity and guide the National Assembly in fulfilling its legislative and oversight functions.
“Choosing the Speaker of the National Assembly is a national responsibility shared by representatives and the government. Whether through direct election or neutral abstention, the selection should prioritize political stability and the ability to chart a consensus-driven legislative path beneficial to the nation and its citizens.”
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“A story of the highest morals and integrity… In 1954, the Syrian Parliament members were surprised to see Parliament Speaker Dr Nazim Al-Qudsi sitting on the seats of the members, instead of the speaker’s seat,” columnist Ahmad Al-Dawas wrote for Al-Seyassah daily.
“Before they asked him for a justification for his action, he presented to them a copy of Al-Rai Al-Aam newspaper, and then he addressed the lawmakers: ‘Colleagues! Al-Rai Al-Aam newspaper accused me of ordering the opening of a street that passes near a piece of land I own in order to increase its value. From this moment on, I put myself before you in the position of the accused. I request the formation of a parliamentary committee that will go to the land in question and assess if the accusation is valid. If the accusation is proven true, I urge you to lift my immunity and put me on trial.’
“Indeed, a committee was formed, went to the location and returned with a report on the falsehood of the accusation. Then, the speaker stood before the Parliament and announced: ‘I waive my right to file a lawsuit against the distinguished journalist, Mr Ahmed Asa -- Editorin-Chief of Al-Rai Al-Aam newspaper -- out of respect for the freedom of the press and in appreciation of his concern for public interest.’
“This happened in Syria one day. They were great men and it was a beautiful time with great men, as no one among them entered the Parliament poor and left rich. When Urwa bin Muhammad entered Yemen as its governor, he said: ‘O people of Yemen, this is my camel, and if I leave with more than it, then I am a thief.’
“The story of Orwa bin Muhammad is one of the stories of honesty and morals. It is morally obligatory for the members of the Parliament and the ministers to fear Allah in serving their country, Kuwait. They should swear to Allah that they will perform their work with integrity and honor, and that their desire to enter the Parliament should not be for financial gains, as if someone entered poor today and comes out rich a few months later.”
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“Fake certificates… I trust those who said that the ‘rational’ government is currently studying all academic certificates obtained from abroad since 2000. As for what came before that, the rational government ‘has no morals’ to review these certificates due to their abundance. We always tend to move towards humiliation, which is the most righteous of all, and that is enough. The government has been reviewing certificates since 2000, including the certificates obtained from the prestigious Assiut University, which competes with Harvard University!” columnist Ahmad Al-Dawaas wrote for Al-Seyassah daily.
“The government may agree that those who obtained fake certificates before 2000 paved way for those who followed in their footsteps and they were the first to be held accountable. What will happen after if the forger is discovered later… No heads will be cut off, no souls will be taken. The procedures are summed up with withdrawing the certificates. If there are dues for the State, they will be recovered, and each of the forgers will return to where he works, strengthened and honored. If someone who is keen on obtaining a certificate through the big door does not succeed, he enters the window with the dinar ring, thereby, obtaining the certificate. He takes someone’s place and the opportunity for the deserving! This means the matter will go unnoticed and it will not be referred to the judicial authorities!
“Many people, from whom the certificate was withdrawn due to forgery, were not affected by such measure even though they are known! We say loudly: The story lies in restoring the State’s prestige, so a deterring punishment must be imposed, not just withdrawing the certificate and recovering the allocations! For the information of the ‘rational’ government, forgery is still active despite the successive scandals and despite what has been said about the issue. The certificate shops are fully operational and they have enough customers for the next 10 years. This number is expected to increase unless the snake’s head is cut off. The method of cutting the snake’s head is known only to those who are keen on restoring the prestige of the State…”