Chapter Five Part One: The Head of the State
The Head of the State is the President of the Republic . He shall assert the sovereignty of the people, respect for the Constitution and the supermacy of the law. He shall safeguard national unity and the socialist gains and maintain the limits between authorities in a manner to ensure that each shall perform its role in the national action.
If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on those measures within sixty days of their adoption.
The President of the Republic should be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years.
The People’s Assembly shall nominate the President of the Republic . The nomination shall be referred to the people for a plebiscite. The nomination for the President of the Republic shall be made in the People’ Assembly upon the proposal of at least one third of its members. The candidate who obtains two thirds of the votes of the members of the People’s Assembly shall be referred to the people for a plebiscite . If he does not obtain the said majority the nomination process shall be repeated two days after the first vote. The candidate obtaining an absolute majority of the votes of the Assembly members shall be referred to the citizens for a plebiscite. The candidate shall be considered President of the Republic when he obtains an absolute majority of votes cast in the plebiscite. If the candidate does not obtain this majority, the Assembly shall propose the nomination of another candidate and the same procedure shall follow concerning his candidature and election.
The term of the presidency shall be six Gregorian years starting from the date of the announcement of result of the plebiscite. The President of the Republic may be re-elected for other successive terms.
The procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of a new President for whatever reason, the former President shall continue to exercise his functions until his successor is elected.
Before exercising his functions, the President shall take the following oath before the People’s Assembly: “I swear by Almighty God to uphold the Republican system with loyalty, to respect the Constitution and the law, and to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland”.
The salary of the President of the Republic shall be fixed by law. Any amendment in the salary shall not be applicable during the presidential term in which such an amendment is decided upon . The President of the Republic may not receive any other salary or remunerations.
During his term of office the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take or lease any state property, sell to or exchange with the State any property of his whatsoever.
In case the President of the Republic , due to any temporary obstacle, is unable to carry out his functions, he shall delegate his powers to a Vice-President.
In case of resignation, the President of the Republic shall address his letter of resignation to the People’s Assembly.
In case of the vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency. In case the People’s Assembly is dissolved at such a time the President of the Supreme Constitutional Court shall take over the Presidency on condition that neither one shall nominate himself for the Presidency. The People’s Assembly shall then proclaim the vacancy of the office of President . The President of the Republic shall be chosen within a maximum period of sixty days form the date of the vacancy of the Presidential office.
Article 85: Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one third of the members of the People’s Assembly. No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. The President of the Republic shall be suspended from the exercise of his duties as from the issuance of the impeachment . The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special Tribunal set up by law. The law shall also organize the trial procedures and define the penalty. In case he is found guilty, he shall be relieved of his post without prejudice to other penalties.