Tunisia - The

speech of Tunisian President Kais Saied, which he delivered to his supporters in the city of Sidi Bouzid, represented a new turning point - according to observers - in the course of the political crisis and its consequences, with his explicit declaration of the continuation of exceptional measures, and the establishment of transitional provisions that may change the face of the political system and end the work of the country's constitution.

The President’s speech comes after the exceptional measures he announced on July 25 approached their second month, according to which he suspended the work of Parliament and dismissed the Prime Minister, without announcing a clear political roadmap.

This sparked a state of domestic and international concern.

Saeed said that he will continue to apply the exceptional measures he took under Chapter 80 of the Constitution, announcing his establishment of transitional provisions that respond to the people's demands and a new electoral law, stressing - in return - that he will keep the provisions related to rights and freedoms.

He stressed that the real date of the revolution that erupted from the city of Sidi Bouzid is on December 17, 2010, and that the date of January 14, 2011 (the escape of the late President Zine El Abidine Ben Ali) "is the date of its abortion."

Saeed’s talk about setting exceptional provisions sparked a storm of interpretations, among those who considered them an explicit declaration of his suspension of the current constitution, and the passage of a new political situation, and those who said that it was an amendment of some chapters in response to the requirements of the stage.

The president's brother and constitutional law professor Nofal Saeed hastened to publish a series of posts, in which he stressed that the continuation of the exceptional measures requires setting transitional provisions, but this does not necessarily mean suspending the work of the constitution.

He added in another post, "They are provisions of a certain scope and a specific area that temporarily guarantee coexistence between a group of old provisions - not necessarily all - on the verge of disappearing, and new ones that will see the light of day as soon as the expected events that bring them into force are realized."


Third Republic

The leader of the People's Movement, Abdel Razzaq Oweidat, explained to Al Jazeera Net that Qais Saeed's speech took Tunisians out of the legal controversy that existed to the stage of political debate.

He pointed out that the president indirectly announced the "intentions" of a road map according to which the constitution would be partially suspended in relation to the provisions regulating the executive power, with his commitment to preserving the provisions of rights and freedoms.

He added, "We are now on a new political path, according to which a development model that has existed since 1986 will be reviewed, and pave the way towards a third republic with a new political and electoral system, and an economic and social pattern that is different from its predecessors that meets the aspirations of the people."

Oueidat concluded that the president was clear when he admitted that the date of January 14, 2011 was the date of the abortion of the revolution that destroyed its original and popular incubator in the city of Sidi Bouzid.

And constitutional law professor Khaled al-Dababi says - in a statement to Al-Jazeera Net - that the president's resort to transitional provisions means directly suspending the work of an existing constitution, and organizing public authorities in a temporary and transitional manner in preparation for the preparation and voting of a new draft constitution.

Al-Dababi pointed out that the transitional provisions are not a legal mechanism, but rather the product of a political decision.

He referred to a similar decision taken by Interim President Fouad Al-Mebazaa in 2011 when he announced the suspension of the 1959 Constitution and the passage of transitional provisions under the title "Temporary Organization of Public Authorities", until a new constitution is prepared and voted on.


The constitutional expert pointed out that the political will that was in 2011, according to which the pre-revolution constitution was suspended - derived its legitimacy from the popular will at the time that toppled the former regime of Ben Ali.

He pointed out that the division of the Tunisian street and the emergence of a part of the people to oppose the suspension of the constitution during last Saturday's demonstration would challenge the legitimacy of the president and the state of consensus around him.

Regarding the Tunisian president’s speech about his commitment not to prejudice the rights and freedoms in the constitution, al-Dababi stressed that this issue from the point of view and philosophy of constitutional law is settled as natural rights attached to citizenship and general principles, and are not considered articles of the constitution.

new political front

The political advisor to the head of the Ennahda Movement, Riad al-Shuaibi, believes that Kais Saied chose escalation and a policy of escaping forward, despite the escalation of the popular rejection of the coup against legitimacy and the constitution, as he put it.

Al-Shuaibi - in his speech to Al-Jazeera Net - condemned the president's continued violation of the requirements of Chapter 80 of the Constitution, in relation to the freezing of Parliament and the dismissal of the government, leading to the extension of the exceptional procedures without specifying a time limit.

He added, "The President of the Republic is trying to circumvent the Constitution by not explicitly announcing the suspension of its operation, and the requirements of the transitional provisions directly mean its suspension."

Al-Shuaibi warned that the president's resort to transitional provisions would open a major door to changing the nature of the political system, although it is restricted by clear provisions in the constitution that do not accept interpretation, as he put it.

The Ennahda leader accused the President of the Republic of abuse of power by placing people under house arrest without judicial permission, pursuing civilians militarily, and laying hands on state institutions.

He stressed that the Ennahda movement chose to confront the coup with a policy based on calm, dialogue and negotiation, and not being drawn into the street;

Because of the consequences for civil and societal peace.

But he made it clear - on the other hand - that Said's last speech would prompt the formation of an expanded political front to defend democracy and resist tyranny, and that Ennahda would be part of it.