AG office concedes that referendum is required to change parliamentary term!

The Attorney General’s Office has conceded that the upcoming public referendum on synchronizing parliamentary elections is, in effect, a vote to alter the constitutional term of the People’s Majlis.

In a statement, the Attorney General’s Office clarified that the upcoming public referendum, scheduled to be held alongside the local council elections, is intended to gauge public opinion on the 8th Amendment to the Constitution. This amendment, passed by the People’s Majlis on February 10, 2026, requires a referendum to determine whether citizens support President Dr. Mohamed Muizzu ratifying the bill into law.

The 8th Amendment to the Constitution, passed by Parliament, seeks to mandate that parliamentary elections be held concurrently with the presidential elections conducted under Article 110 of the Constitution.

The Attorney General’s Office stated that the bill was drafted to achieve two primary objectives. These include holding the parliamentary elections concurrently with the presidential election and, to facilitate this administratively, amending the method of calculating parliamentary terms so that the legislative session begins on December 1. This change would result in shortening the five-year term of the current 20th People’s Majlis.

The Attorney General’s Office stated that under the Referendum Act, in circumstances where a public vote is required, it must be established through a presidential decree. This decree must include the full phrasing of the issue or question being posed to the public, the rationale for seeking a referendum on the matter, and the proposed timeframe for the vote. In accordance with these procedures, the President issued a decree on February 16, 2026, to hold a public referendum on the bill proposing the 8th Amendment to the Constitution.

The Attorney General's Office stated that the question proposed in the Presidential Decree for the public referendum is: "Do you favor the President ratifying the Bill on the 8th Amendment to the Constitution, passed by the People's Majlis, to enable the holding of presidential and parliamentary elections simultaneously and to define the method for determining the term of the People's Majlis?"

The statement noted that Article 262(b) of the Constitution mandates a public referendum to determine popular consent before any amendments can be made to the specific matters outlined within that article.

The legal procedures for this process are outlined in the Referendum Act. Prior to the ratification of the bill, it must be ensured that the question posed for public consultation aligns with Article 262(b) of the Constitution and the Referendum Act. Furthermore, the question presented to the public must be framed to effectively gauge whether citizens support or oppose the implementation of the principles introduced through the amendment to Article 79(a) of the Constitution.

Article 79(a) of the Constitution stipulates that the term of the People's Majlis shall be five years, commencing from the date of its first sitting following the general election. The provision further states that the Majlis shall stand dissolved upon the expiration of this five-year term.

In the statement, the Attorney General's Office acknowledged that the question posed to the public pertains to the duration of the parliamentary term.

The office stated that the government’s actions regarding the constitutional amendment bill and the public referendum have, to date, been conducted in strict accordance with the procedures established by the Constitution and existing laws.