Why universities law ineffective?
Iraqi Speaker, team tour Assembly building
KUWAIT CITY, Jan 25: National Assembly Speaker Marzouq AlGhanim welcomed his Iraqi counterpart Muhammad Al-Halbousi and the accompanying delegation at the Assembly building on Monday.
Deputy Speaker Ahmed Al-Shuhoumi also attended the meeting, during which they discussed issues concerning Kuwait and Iraq.
Al-Ghanim and Al-Halbousi exchanged pleasantries, and then Al-Ghanim accompanied the Iraqi delegation in their tour of the Assembly building including Abdullah Al-Salem Hall.
Meanwhile, the parliamentary Educational, Cultural and Guidance Affairs Committee recently discussed the non-implementation and loopholes of the Public Universities Law No. 76/2019 with several Kuwait University employees and representatives the Union of Workers in the university.
Committee Chairman MP Dr Hamad Al-Matar disclosed that interim Minister of Education and Higher Education Dr Ali Fahd Al-Mudaf apologized for his absence and then instructed Ministry of Higher Education Undersecretary Dr Sabeeh Al-Mekhaizeim, interim President of Kuwait University Dr Fayez Al-Dhafairi and Secretary General of the university Dr Muthanna Al-Refa’ai to attend the meeting.
Al-Matar said they discussed Public Universities Law No. 76/2019 and its executive regulations that have not been implemented until now. He confirmed all those present at the meeting agreed that the law has many loopholes, as well as the executive regulations approved by the Legal Advice and Legislation Department in the Council of Ministers. He added the executive regulations include 39 Articles and 21 of these articles stipulate penalties for lecturers as if the latter are working in a police station rather than an educational institution.
He affirmed the committee will submit its report to the concerned minister and ask for his cooperation in order to put an end to such an unprecedented chaos. He pointed out the university has yet to fill up 150 vacancies including leadership positions.
On the other hand, MP Yousef Al-Ghareeb submitted a proposal to exempt citizens living in private residential areas from paying electricity and water bills from March 1, 2020 until the end of February 2021. He suggested that the State will pay these bills on behalf of the citizens to ease their financial burdens.
MPs Muhannad Al-Sayer, Abdullah Al-Mudaf, Mehalhal Al-Mudaf, Hamad Rouhaldeen and Hassan Jawhar presented a bill on amending Ministers Trial Law No. 29/2014.
Crimes
According to the bill, the law is applicable to HH the Prime Minister and members of the Council of Ministers. The crimes covered by the law include those concerning State Security as per Law No. 31/1970, those concerning public sector employees as per the Penal Code, those related to elections as per Law No. 35/1962, those related to public funds as per Law No. 1/1993, acts of interference that negatively affect the principles of justice as per the Penal Code, money laundering and financing terrorism as per Law No. 106/2013, and those stipulated in Law No. 2/2016 on the establishment of Kuwait Anti-Corruption Authority (Nazaha).
The bill states that the General Assembly of the Appeals Court shall form a committee with three members who are Kuwaiti judges while two other judges shall be appointed as substitute members to attend meetings of the committee in case one or two of the three members are absent for certain reasons.
The committee shall investigate the lawsuits referred by the Public Prosecution and inform the concerned minister, prime minister and National Assembly speaker about the investigation. It shall summon the accused minister to listen to his defense. If the committee concludes that the lawsuit includes serious accusations, it will issue an order for the completion of trial procedures. If the committee concludes that the lawsuit includes malicious accusations, the case is dismissed and the reasons for dismissal are mentioned.
The committee has the power to issue remand against the accused minister just like the power granted to the chairman of the Court of Appeals. The accused minister is considered on leave with full salary from the beginning of investigations until the issuance of the final verdict.
The prosecution and whistleblower have the right to appeal the verdict within 30 days at the Court of Cassation. A minister is sentenced to maximum of 10 years in prison and fined KD20,000 maximum or any of these penalties if he is convicted of violating Articles 19,28,131,147,152,153 and 181 of the Constitution as follows:
Article 19 - General confiscation of property is prohibited; and only by court judgment, in the circumstances described by the law, can private confiscation as a punitive measure be imposed.
Article 28 - No Kuwaiti may be deported from Kuwait or prevented from returning to it.
Article 131 - A minister shall not, during his tenure, carry out any other public function or practice, even indirectly, or any free profession, or participate in any industrial, commercial or financial enterprise. He also shall not participate in contracts concluded by the government or by public organizations, and he shall not combine functions in the ministry with membership in the Board of Directors of any company. He shall also refrain from purchasing or leasing any government property even through public auction, and he may not lease or sell to the government any of his property or part thereof, or conclude with it barters thereon.
Article 147 - In no circumstance shall the maximum estimated expenditure shown in the Budgetary Law and the laws amending it be exceeded.
Article 152 - Any concession for the exploitation of a natural resource or of a public utility shall be granted only by law and for a determinate period. Preliminary measures shall guarantee the facilitation of exploration and discovery and shall ensure publicity and competition.
Article 153 - No monopoly shall be granted save by law and for a determinate period.
Immunity
Article 181 - No provision of this Constitution may be suspended save in the course of Martial Law and within the limits determined by law. National Assembly conventions may not, in any circumstance, be suspended during that period, nor may the immunity of its members be violated.
The convicted minister will be held politically responsible as well. Penalties stated in the relevant laws shall be imposed on a minister convicted of crimes not stipulated in this bill or if he violates regulations concerning his job duties.
MP Marzouq Al-Khalifa submitted a bill to amend Civil Service Law number 15/1979. The bill states that in case of emergency and the request of a citizen working in the public sector to go on annual leave is rejected, he should be paid the amount equal to his vacation salary covering the leave period applied for or the number of requested leave days is added to his annual leave days for the following year.