Palestinian President Mahmoud Abbas’s decision to postpone the long-delayed Palestinian Legislative Council elections has faced a legal challenge, with Samer Sinijlawi, leader of Masar Jadid (New Path), filing an appeal in court on Thursday seeking to overturn the decision.
In Case No. 450/20, Sinijlawi asked the administrative court to overturn Abbas’s decision to postpone the November 28 election until September 11 next year, arguing that Palestinians have been denied the rights guaranteed under the Palestinian Basic Law for too long.
“Our court challenge is about defending the right of Palestinians to choose their representatives and hold their leaders accountable. After twenty years without legislative elections, another postponement has profound consequences for public trust and the possibility of peaceful democratic change,” he told The Jerusalem Post. “For our candidates in Gaza, this election offered a chance to bring their communities’ experiences and priorities into national decision-making. People who have lost their homes, livelihoods and loved ones deserve a voice in the decisions that will shape their lives and Gaza’s recovery.”
Abbas justified the postponement by citing alleged "obstacles posed by Israeli measures" and the need to establish suitable political, security and on-the-ground conditions for "free, fair and inclusive elections."
Officials from the Palestinian Central Elections Commission have alleged that Israel blocked access to east Jerusalem and the Gaza Strip. However, Israeli Foreign Minister Gideon Sa’ar denied the allegations, describing them as “yet another ridiculous lie designed to evade responsibility and accountability.”
Abbas advised to delay the vote
There have long been reports that senior officials around Abbas pressured him to postpone the elections out of fear that Hamas would win. Yoni Ben-Menachem, a senior researcher at the Jerusalem Center for Security and Foreign Affairs, reported that Palestinian Vice President Hussein al-Sheikh specifically advised Abbas to use the issue of east Jerusalem as a pretext for delaying the vote, citing the same reason used to postpone the elections in 2021.
In the court filing seen by the Post, Sinijlawi argued that the postponement violated the Palestinian Basic Law, which guarantees a democratic system of government. He also cited the principle of legality and submission to the law, which requires authorities to act within their legally prescribed jurisdiction and comply with applicable procedures, formalities and safeguards, as well as political rights and his legitimate electoral interest.
Sinijlawi further argued that there were no sound legal or factual grounds to justify the postponement and that the decision may have prejudiced his legal interests following the commencement of nomination procedures.
'Palestinians deserve a clear explanation'
“We recognize the enormous difficulties facing elections in Gaza, the West Bank and East Jerusalem. But Palestinians deserve a clear explanation of why those difficulties require this postponement, what alternatives were considered, and what guarantees exist that the new date will be honored. Those are questions of accountability and legality,” Sinijlawi said. “We have turned to the Palestinian Administrative Court because we believe in pursuing change through peaceful, lawful and institutional means. We are asking for the original election date to be restored, or for elections to take place at the earliest possible opportunity.”
The same week Abbas again postponed the elections, European Commission Vice President and EU foreign policy chief Kaja Kallas renewed Europe's commitment to deploying an election observation mission. It remains unclear why Abbas did not accept the offer, although European countries have pressed him to allow the elections to proceed.
Asked about the potential impact of the postponement on the international standing of a future Palestinian state, Sinijlawi said, “A Palestinian political system that allows new voices to compete and citizens to hold leaders accountable is essential to building a credible partner for peace. Every time we encourage young Palestinians to believe in the ballot box, we must be able to show them that this path is open. We will continue working to keep it open.”