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Prison and fines for vote-rigging and bribes
By Mit'eb Al-Awwad and Thamer Gamgoom
Published in The Saudi Gazette on 24 - 01 - 2010

A draft law was tabled here Saturday that seeks to completely overhaul the powers and functions of the Kingdom's 179 municipal councils, including harsh penalties for vote rigging and other violations and an increased emphasis on public accountability.
The Ministry of Municipal and Rural Affairs has sent the draft law to all council members across the country for their input. The document is expected to be discussed behind closed doors in preparation for submission to the ministry and then final approval by the Council of Ministers.
The proposed legislation consists of 38 articles dealing with the formation of municipal councils, accountability to the public, electoral processes, its powers and functions and penalties for offenders.
The law stipulates a jail penalty and a fine for those who buy votes and give gifts to gain influence. The articles bar judges, notaries public and investors from being nominated for positions on councils because of a possible conflict of interest. One of the articles bars the mayors of the regions and the heads of municipalities from becoming chairmen or acting chairmen of municipal councils and bans them from voting on any decisions taken by councils.
One of the most prominent features of the law is the proposal to grant greater autonomy and independence to municipal councils, so that they can carry out their supervisory role more effectively.
It is also proposed that every council will be completely financially independent, which means it has to take complete responsibility for its budget for all administrative and other functions. It also has to appoint a secretary to represent itself and municipal employees.
According to the draft, the councils will report directly to the minister. Where it is not possible for this reporting structure, for whatever regulatory and organizational reasons, then the council will be linked to the mayoralty in a particular region. This body would then report to the minister. However, this new structure should not include the mayor as a member of the council.
Councils will be formed based on new classifications which take into account the size of every city, population density and the urban and rural divide.
The law proposes that councils should have a maximum of 28 members, and not less than six.
The draft law calls for one third of the members to be appointed and two thirds elected.
The law gives every citizen the right to participate in elections. Those who will be banned from holding positions on councils, and voting, because of a potential conflict of interest includes judges, notaries public, governors of governorates, heads of rural centers, heads of developmental authorities that provide municipal services, members of regional and local councils and investors.
Every region will have a committee to look into appeals and electoral violations. The committee will be chaired by a judge and it will be an independent body, according to the draft law.
The law outlines the powers of the council which includes the authority to approve municipal plans and programs.
This includes executive plans for municipal projects approved in the budget as well as the executive plans for operation and maintenance, development, investment and municipal services projects and whatever the minister assigns the municipal council.
It also provides some detail on the supervisory powers of the municipal council. This includes the authority to supervise municipal projects and services. Progress reports are required on all these initiatives.
There are also plans to open the sessions of the municipal councils to the public and the media.
Any decision taken by a municipal council needs to be communicated within three days to all bodies concerned. A period of 15 days is proposed as the window period for any objections.


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