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Member Info for Siko


Member Since: Sun, 11th Dec 2011

Number of Share Chat Posts (all time): 991
Number of Share Chat Posts (last 30 days): 8

Last Posted: Tue 08:40


Post Distribution over the last 30 days




Tue 08:40


I tried to find more details about this report, but unfortunately I could not find any.

This law, together with the demonstration law, were expected to have a lot of oppositions, and they certainly did.

As we know, any commissioners reports are only advisory and not legally binding, so the final decision lies with the SCC.

Also the commissioners used the words "suspected-suspicious" to describe their view of the law, and did not make it clear that it was "unconstitutional".

I know this report may not be welcomed by some people and I was debating whether or not to post it, but I thought you should be aware of everything and then it is up to you what to make out of it, if it is true!!!
Tue 08:38


http://gomhuriaonline.com/main.asp?v_article_id=189078

The state commissioners referred law 32 year 2014 which organizes the appeals against the state's contracts to the SCC.

The commissioners report is based on that the law is suspected to be unconstitutional for violating some articles of the constitution ( 32,33,34&53)

The details of the report stated that according to the general rules of a law, it should be applied to cases and positions gained after the law became valid, and not to be applied to cases which were filed before the law became valid and had final rulings , which was included in the second point of the law as the word "appeals", so applying this law to cases which had rulings violates the basic constitutional rules as the gained rights should not be touched and it wastes final rulings and violates the exception of a law from being retrospective, which makes this law suspicious for being unconstitutional according to article 100 of the constitution.
18 Aug '14


I got this link from flopticalube. It is a full transcript of the conference call. Sorry if it has been posted before, but I found it very useful as I missed the call.

http://seekingalpha.com/article/2425385-centamin-celtf-on-q2-2014-results-earnings-call-transcript
15 Aug '14


Another important factor is the parliamental elections, as according to the new constitution, the new parliament should consider in the first 15 days all the laws that were issued by Adly Mansour in order to approve, amend or cancel any of them. Of course we are expecting some activists to be in the parliament, including our friend Alfakharany, who could form a lobby against some laws, including third party law of course. I think the gap between the SCC decision and the parliament first sessions is important and where CEY hearings would be at that time. There is no date set yet for the parliament election, but it is expected to be at the beginning of 2015, but no confirmation yet. CEY's best chance is for the SCC to approve the law and have enough time for the SAC to consider the case and deliver final ruling before the first 15 days of the parliament so we do not start this circle again..

I tried to be as clear as I could, no times set as I really could not guess. But please, please, please, bear in mind that these are only my thoughts based on what I read, understood and posted here. I could be totally wrong as I have no legal back ground and I have not consulted anyone, so do not take this post as a reliable source of information. I do not have any hidden or secret information. Any comments or debates are welcome.
15 Aug '14


I was asked by a few people to write my take on the cc. I do not have any new information but I do not mind writing what I think.

The first thing we have to be clear about is that no body knows how long it would take or when we would get the final ruling. We could not even guess if we tried. We have seen adjournments ranging from 2 weeks up to 6 months.

I read some posts suggesting that CEY should go ahead with the original appeal and not use the new law to settle the case. The posters recommended doing this in order to get the case done once and for all and to clear any suspicion or rumors about the contract. I personally think this is not possible. It is not CEY's choice to use or ignore the new law. Point 2 of the new third party law states : "The court rules ON ITS OWN/BY ITSELF to refuse cases or appeals filed in any way different to the way specified in point 1". So it is the court that would consider the case and decides if the new law applies or not. This makes sense because you could have a company choosing not to use this law in the first administrative court, and when they lose, they file an appeal in front of the SAC asking to apply the new law. So if the law is deemed constitutional, it should apply to CEY case if the court thinks it fits the criteria.

The new law is still valid, it has not been postponed or anything, but it is being challenged at the SCC, that is why the administrative court has postponed all cases until the SCC rules. The court could not book any case for ruling session now because the law is still valid so for any such case the ruling would have to be to refuse the case according to the "valid" law. The court could not rule against any company because the law is valid, and could not apply the law in favor of the company because it is being challenged.

So as we are clear now that we have to wait for the SCC, I have no idea when that decision would come, but we would get a clearer picture from the demonstration law. I explained before that the ECESR who are appealing against the third party law, are also appealing against the demonstration law. They were given a permission from the administrative court to appeal against the demonstration law on 17/6/2014

http://www.almasryalyoum.com/news/details/465726

and as I posted before that the SCC referred that appeal now to the commissioners to write their report. In the SCC acts, there is no time set for the commissioners to deliver their report.

The ECESR were given the permission to appeal against the third party law on 3/5/2014, 6 weeks before the demonstration law date, so we could/should hear the same soon.

http://www.vetogate.com/990577

To continue.....


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