Kais Saied
Early Life and Academic Journey
Kais Saied, born on February 22, 1958, in Tunis, Tunisia, emerged from a modest family background that nevertheless valued education and public service. His father, Moncef Saied, was a civil servant, and his mother, Soufiya Ben Saïed, came from a family with a strong academic tradition. This upbringing instilled in him a profound respect for law and justice from an early age. Saied pursued his higher education at the University of Tunis, where he studied law. He distinguished himself academically, laying the groundwork for a long and influential career in legal scholarship.
After graduating, Saied embarked on an academic career that spanned several decades. He became a professor of constitutional law at the University of Tunis and subsequently at the Higher Institute of Magistracy and the Carthage University. His expertise in constitutional law was widely recognized, leading him to hold various significant positions within the academic and legal spheres. He served as the Secretary-General of the Tunisian Association of Constitutional Law from 1990 to 1995 and later as the Vice-President of the same association. He was also a member of the Committee of Experts of the Arab League, involved in drafting amendments to the Tunisian Constitution, and contributed to the drafting of the Tunisian Constitution of 2014 following the Arab Spring.
Saied's academic work focused heavily on the intricacies of the Tunisian legal system, the principles of governance, and the role of the constitution in shaping a democratic society. He was known for his rigorous and often unconventional interpretations of legal texts, earning him a reputation as a thoughtful and independent legal scholar. His lectures were popular, and he mentored many aspiring legal professionals, leaving a lasting impact on Tunisia's legal community.
The Path to the Presidency: An Unconventional Rise
Kais Saied's foray into mainstream politics was anything but conventional. For most of his career, he remained outside the traditional political establishment, eschewing party affiliations and rarely engaging in public political discourse. His public persona was that of an austere, principled academic, known for his formal Arabic and his meticulous adherence to legal principles. This image, coupled with his reputation for integrity, would later become his greatest asset in a political landscape weary of corruption and political infighting.
He announced his candidacy for the 2019 presidential election as an independent, largely self-funded candidate. His campaign was minimalist, relying heavily on social media and direct engagement with citizens rather than lavish rallies or extensive media advertising. Saied's platform resonated deeply with a segment of the Tunisian population disillusioned with the post-revolution political class. He advocated for radical decentralization of power, proposing a system where local councils would play a more significant role in governance, with representatives directly elected from the grassroots level. He also emphasized fighting corruption, upholding the rule of law, and reclaiming Tunisia's sovereignty.
His conservative social views, particularly on issues such as inheritance law and LGBTQ+ rights, aligned with a significant portion of the Tunisian populace, particularly outside the more liberal urban centers. However, these views also drew criticism from human rights organizations and progressive groups. Despite limited media coverage and no party backing, Saied's message of purity and commitment to the Tunisian state captured the public imagination. His campaign gained momentum through word-of-mouth and viral online content, culminating in a surprising victory in the first round of the election.
In the second round, Saied faced Nabil Karoui, a media mogul who was facing charges of money laundering and tax fraud. Saied secured a landslide victory, winning over 72% of the vote. His triumph was widely seen as a rejection of the established political elite and a yearning for a leader perceived as untainted by corruption and dedicated to the nation's welfare.
Presidency and Political Transformations
Kais Saied assumed office as President of Tunisia on October 23, 2019. His presidency has been marked by significant political shifts and controversies, as he has pursued a vision of governance that often clashes with the established democratic framework adopted after the 2011 revolution. Initially, his role was largely ceremonial, as the Tunisian constitution grants significant powers to the prime minister and parliament. However, Saied gradually began to assert greater presidential authority, particularly in times of political deadlock and public discontent.
The July 2021 Measures
The most pivotal moment of his presidency occurred on July 25, 2021. Citing Article 80 of the constitution, which allows the president to take exceptional measures in cases of imminent danger, Saied dismissed Prime Minister Hichem Mechichi, suspended the parliament (the Assembly of the Representatives of the People), and lifted the immunity of its members. These actions were taken amidst widespread public protests against the government's handling of the COVID-19 pandemic and the general political and economic stagnation. While many Tunisians welcomed these moves as necessary to clear out a corrupt and ineffective political system, others, including major political parties and international observers, condemned them as a "coup" and a threat to Tunisia's nascent democracy.
Following these measures, Saied began to rule by decree, consolidating power in the presidency. He appointed a new prime minister, Najla Bouden Romdhane, the first female head of government in Tunisia, but she remained largely subordinate to his authority. He also dissolved the Supreme Judicial Council in February 2022, replacing it with a temporary council, a move that critics argued undermined judicial independence.
Constitutional Referendum and New Republic
Saied pushed for a new constitution, which was put to a national referendum in July 2022. The new constitution significantly expanded presidential powers, weakening the role of the parliament and reducing checks and balances. It removed the constitutional guarantees for judicial independence and parliamentary oversight, concentrating authority in the head of state. The referendum saw a low voter turnout, but the new constitution was approved by a large majority of those who participated. This marked a profound shift from the semi-parliamentary system established in 2014 towards a more presidential system, effectively ushering in what Saied termed the "New Republic."
Subsequent parliamentary elections held under the new constitution in December 2022 and January 2023 also suffered from very low voter turnout, further raising questions about the legitimacy of the new political order.
Challenges and Criticisms
Kais Saied's presidency has been a period of intense scrutiny and debate. Supporters argue that his actions were necessary to save Tunisia from collapse, dismantle a corrupt system, and restore faith in the state. They point to the widespread public disillusionment with previous governments and the perceived paralysis of the parliament as justification for his strong measures. Many Tunisians, particularly those outside the political elite, continue to view him as a figure who stands against corruption and foreign interference.
However, critics, including major political parties, civil society organizations, and international human rights groups, accuse Saied of authoritarian tendencies and of dismantling the democratic gains of the 2011 revolution. Concerns have been raised about the erosion of institutional checks and balances, the suppression of dissent, and the increasing arrests of political opponents and critics. The concentration of power in the presidency, the weakening of the judiciary, and the curtailment of parliamentary authority have led to fears that Tunisia is reverting to an autocratic system.
Economically, Tunisia continues to face significant challenges, including high unemployment, inflation, and a growing national debt. Saied's government has struggled to secure crucial international loans and implement economic reforms, leading to further public frustration. His presidency represents a complex chapter in Tunisia's post-revolution history, marked by both a popular desire for change and serious concerns about the future of its democratic institutions.