By B Izzak

KUWAIT: An Amiri decree which postponed the opening meeting of the National Assembly until Oct 18 was published on Sunday in the official gazette Kuwait Al-Youm, which means it has become effective. Some constitutional experts said the use of the article to postpone the Assembly's opening session is correct. Government spokesman Tareq Al-Mazrem said on Twitter the postponement was based on article 106 of the constitution that allows HH the Amir to suspend the assembly for up to one month.

Top government constitutional advisor Adel Al-Tabtabaei and constitutional expert and professor of law Mohammad Al-Faili said in separate statements the article can be used because a date for the Assembly's opening session had already been set. But former Assembly speaker Marzouq Al-Ghanem said the article cannot be invoked in this case and applies only when the Assembly is in session. He added on Twitter that the latest date by which the Assembly must convene is Oct 16, taking into account that Friday and Saturday are public holidays.

Leading MP and former three-time speaker Ahmad Al-Saadoun, tipped to be the next speaker, made no comment on the latest developments. Under the constitution, the new National Assembly must hold its opening session within two weeks of announcing the election results, which were declared on Sept 30.

The postponement was decided to allow the prime minister more time to complete the formation of the Cabinet after MPs voiced strong opposition to the lineup and following the resignation of Ammar Al-Ajmi, the only elected MP in the Cabinet, in protest against the retention of several ministers from the old government.

MP Obaid Al-Wasmi said the Oct 11 session is still outstanding as the postponement applies only to assemblies that have already opened their term. MP Jenan Bushehri charged that such measures undermine the constitution and democracy. She called on Saadoun, the oldest member, to convene a meeting of MPs at his home to take measures to safeguard the constitution. Constitutional expert and professor of law Ibrahim Al-Humoud said National Assembly sessions can be postponed only when it has already started the term, not before inaugurating the house.

Meanwhile, the prime minister is scheduled to start consultations on Monday with lawmakers about forming the Cabinet and other political issues in the country. This will be the first contact between the prime minister, appointed in July, and MPs.