N: 79/H.O
Date: 23/04/2013
Mr. President
Members of the National Coalition
Legal Opinion
With reference to what was published on the Web regarding the resignation of the president of the National Coalition, and the assignment of Mr. George Sabra as a president of the National Coalition via a decision which was made by the vice presidents, I would like to clarify the legal requirements for what has occurred.
I. The National Coalition is considered as a Presidential Council, which is led by its head/president, and the National Coalition has its legislative authorities; In the case of the absence of parliament, Article 10 in the annex to the amendment of charter reads as follows:
“In the case of necessities or in his/her absence the President assigns one of his/her deputies to perform his/her duties.”
Moreover, as article 11 states in the mentioned annex:
1. The deputies of the President collectively have authority of the President in the case of vacancy of his/her seat, until the General Commission has been called to perform the Presidential election.
2. The President assigns his/her deputies to perform the duties that he/she considers appropriate
II. The General Commission had elected Shaykh Mouaz Al Khatib as a President unanimously; as well as the vice presidents; and the general secretary, and only the General Commission has the right to accept the resignation, and until this meeting occurs, then the President must continue with his work until the case of his resignation is discussed within the General Commission, if he insists upon his resignation.
The Web is not considered an official reference for neither resignation nor its acceptance, and I have previously indicated this matter when Shaykh Mouaz Al Khatib had published what was described as “a resignation”, and I said of it that it is just a resignation proposal, until an official written resignation has been submitted to the General Committee. Furthermore, the President has repeated the previous mistake by publishing once again his resignation on the web, despite the fact that the General Commission was not in session neither physically nor virtually.
Furthermore despite the fact that Shaykh Mouaz’s resignation is on the web, it still remains only a resignation proposal until it is submitted officially to the General Committee, and that means that he remains as acting president fulfilling all duties until the General Commission meeting takes place.
III. It is correct that the vice presidents fill his vacancy if he has vacated his position officially, and taking into consideration that there is no vacancy now the decision made by his vice presidents (if the decision was actually made by them) which we read on the Web that entrusted George Sabra as President is a void decision and nullified, and is considered a coup against legality.
IV. Indeed, the circumstances in which our country now faces in challenges and the blood that is gushing necessitates from all that they take responsibility from all sides and not rush in taking rash decisions and ignoring the legal committee without consulting it, which is required by all members of the Presidential Coalition and the General Council, so that we do not allow the criminals who spread their corruption to take advantage from these errors and to take it as an opportunity to attack the revolution opposition.
I invite all the people of the Coalition from the President, to the Vice President, to the General Secretary, and the General Commission to the importance of committing to the legal articles, and reference to the legal committee for the consultation of all matters in the future.
Freedom for Syria and victory for the revolution,
Haytham Al Maleh
Head of the Legal Committee
