Yemenat – special
A legal source refuted the violations of the Minister of Industry and Trade in Sana’a, Ahmed Sharaf Mutahar, and the decisions issued by him, and the extent to which they violate the constitution, the law and the national interest.
The source considered that the minister’s recent decision to dismiss the Chairman of the Board of Directors of the Chamber of Commerce and Industry in the capital Sana’a is a sedition and a gift to aggression.
The source explained that the Minister of Industry and Trade in Sana’a worked to violate the laws regulating internal and external trade, the Consumer Protection Law and other related laws, which are written in dozens of memorandums addressed to the minister, including, for example, the closure of shops and commercial companies without a judicial ruling or legal justification, and the imposition of financial penalties. To collect hundreds of thousands from a single merchant, making himself the opponent and the arbiter, in addition to encroaching and slandering the judicial authority and violating Articles (7, 10, 13, 28, 47, 59, 149) of the Constitution and Articles (2, 110) of the Code of Crimes and Penalties.
The source pointed out that, at the direction of the Minister of Industry and Trade, the offices affiliated with the ministry in the governorates oblige companies and shops to impose compulsory pricing for some commodities, forgetting that prices are determined according to legal texts derived from internationally recognized economic and scientific rules, explaining that the internal trade law stipulated in Article (2). ) from him on: “Determining prices: Prices are determined according to the market mechanism and freedom of competition.” Pointing out that the law granted the Council of Ministers the authority to set ceilings for the prices of basic commodities that are exempt from taxes and customs in accordance with Articles (25, 26) of the Internal Trade Law and Article (41) of the Consumer Protection Law; However, this authority is limited to basic commodities that are exempt from taxes and customs, and whose number does not exceed the fingers of one hand. Indicating that, according to the controls and standards, it is considered part of the public system; However, the leadership of the ministry threw all the provisions of the constitution, the law, and commercial custom to the wall, and made itself the legislator, the adversary, and the judge, despite addressing it repeatedly, but to no avail.
The source noted that the ministry’s actions have reached the stage of encroaching on private property and confiscating merchants’ goods from trucks, selling them by force and collecting the value through its employees. Confirming the existence of evidence and evidence for this. Considering that such behavior has not been witnessed in the country over the past fifty years. Pointing out that this confirms the insistence on constitutional and legal violations, which will reflect negatively on the country and the citizen, and in light of the circumstances of the ongoing aggression against the country. Pointing out that what happened is a personal challenge to the minister, which made him resort to catastrophic decisions that violate the constitution and the law without taking into account the interest of the country and without taking into account that these actions serve aggression and enemies.
The source considered that the minister made a reckless decision as he appointed a board of directors for the Chamber of Commerce and Industry in the capital’s secretariat, according to his whim. Indicating the extent of the legal violations and the consequences of this decision as follows:
Law No. (28) of 2003 regarding the chambers of commerce and industry and their general federation specified in Articles (54, 55, 56, 57, 58, 59) of Chapters Eight and 9 of the law the procedures regulating the formation of chambers of commerce and industry, so that this can only be done through procedures that specify In it are lists of voters and applications for nomination, then direct election of candidates by voters as is in force and in effect in the House of Representatives and the Bar Association ….etc., but the minister and for some purpose in the same Jacob and to settle scores with the Board of Directors of the Chamber of Commerce and Industry in the capital’s secretariat, which served as a trustworthy advisor to him And an advisor directing him towards the law and the national interest – he issued a decision to appoint a board of directors for the Secretariat Chamber who he has allegedly based on the text of paragraph (c) of Article (57) of the law, forgetting that this paragraph is only applied when calling the General Federation Council for general elections for the boards of chambers throughout the republic As stipulated in Article (54), the minister’s intervention is during the election period to ensure impartiality, and through the text of Article (57/c) “The Federation shall provide the funds necessary to conduct the election process, and the Minister shall have the right to suspend the balances of the chambers and the Union, and it shall not be permissible to dispose of or exploit them, when He also has the right to appoint commissioners to manage the federation and the chambers until the electoral cycle takes place…”.
– It is very difficult to call the General Union for elections in the circumstances of aggression against the homeland, which applies to the House of Representatives and all professional unions, which was confirmed by the ruling of the Constitutional Chamber in the Supreme Court, and we will mention it later.
On Wednesday, 11/4/1444 AH, the Constitutional Chamber of the Supreme Court at its headquarters in the capital, Sana’a, issued its ruling on the constitutional appeal No. (69684) for the year 1444 AH, and it stated in the merits of the ruling: “The continuation of the Board of Directors of the Chamber of Commerce and Industry to carry out the tasks entrusted to it by law … an order imposed by reality and required by the public interest…”
It is known to all the unnatural and force majeure circumstances that prevailed in the country, which necessitated the continuation of the Board of Directors to conduct the Chamber’s business, including its representation before the judiciary for what is required by the public interest, compared to what is in effect in all legal persons, such as resigned governments, parliaments whose terms of office have expired, local councils, and others.
The elected Board of Directors of the Chamber of Commerce and Industry in the capital’s secretariat is its legal representative by the force of the constitution, the law, and the ruling of the constitutional circuit in the Supreme Court. Other than that, appointment by decision of the minister is tantamount to a violation of the law and against the desires of the commercial and industrial sector in the republic. .