Tunisia Lawmakers Propose Removing Election Oversight from Court Ahead of Vote

TUNIS – On Friday, thirty-four Tunisian lawmakers introduced an urgent bill aimed at removing the authority of the administrative court to resolve electoral disputes. The opposition has expressed concerns that this move will undermine the credibility of the upcoming presidential election scheduled for October 6.

The administrative court is perceived as the last independent judicial entity in Tunisia, particularly following President Kais Saied’s takeover of the judiciary after dissolving the Supreme Judicial Council and dismissing numerous judges in 2022.

Political tensions have escalated in Tunisia ahead of the election, particularly after an electoral commission appointed by Saied disqualified three notable candidates: Mondher Znaidi, Abdellatif Mekki, and Imed Daimi.

This commission ignored the authority of the administrative court, the highest judicial body for election-related matters, permitting only two candidates to contest against Saied. One of these candidates, Ayachi Zammel, has been incarcerated after receiving a 20-month prison sentence for allegedly falsifying signatures on election documents, which he claims is part of a politically motivated campaign against him.

Law professors recently warned that the electoral commission’s refusal to reinstate the candidates could undermine the legitimacy of the elections, especially if any candidate chooses to appeal the results through the administrative court.

Elected in 2019, Saied came to power in a country often viewed as the only nation to transition peacefully to democratic governance following the 2011 “Arab Spring” protests that ousted several autocratic leaders across the region. However, since then, he has consolidated his power and has been ruling by decree since 2021, a shift the opposition has labeled a coup.

Critics accuse Saied of manipulating the electoral commission and the judiciary to ensure his victory by suppressing competition and intimidating rival candidates. In response to these accusations, Saied has claimed that he is battling against traitors, mercenaries, and corruption, asserting that he will not become a dictator.

The bill viewed by observers would transfer exclusive jurisdiction over electoral disputes from the administrative court to regular courts. Opposition and civil society groups argue that the judiciary lacks independence and that Saied is wielding it as a tool against his political adversaries.