Egyptians react at the high administrative court as a judge announces the postponing of a court ruling in the case of two Red Sea islands. Photo: AFP

Top Egypt court rejects Red Sea islands transfer to Saudi Arabia

Published: 6:28pm, 16 Jan 2017

Egypt’s top administrative court upheld on Monday a ruling voiding a government agreement to hand over two Red Sea islands to Saudi Arabia in a deal that sparked protests.

The government had appealed against a lower court ruling in June that found the controversial border demarcation agreement was illegal.

The High Administrative Court’s ruling may further complicate ties between Egypt and Saudi Arabia, a main financial backer of President Abdel-Fattah el-Sisi since the former army chief toppled his Islamist predecessor in 2013. Saudi Arabia has already signalled unease by stopping a promised flow of oil to Egypt, leaving Cairo scrambling to find a new supplier.

The Red Sea's Tiran (foreground) and the Sanafir (background) islands in the Strait of Tiran between Egypt's Sinai Peninsula and Saudi Arabia. Photo: AFP

But relations have cooled over Egypt’s stance on Syria, which is seen as closer to Russia which backs President Bashar al-Assad than Saudi Arabia which supports rebels fighting him.

The courtroom erupted in cheers as the judge delivered the verdict, with lawyers and activists chanting: “These islands are Egyptian.”

The court said it was its “unanimous” decision that the two islands, Tiran and Sanafir, were sovereign Egyptian territories.

President Abdel-Fattah el-Sisi. Photo: EPA

The ruling came after the government referred the agreement to parliament for a vote.

Lawyers present in court told AFP the ruling was final, but a former senior judge said the government could still find a way to appeal it.

Mohamed Hamed al-Gamal, the former head of the administrative court, said the decision was final according to this court’s procedure, but it could be unconstitutional.

“The law and the constitution affirm the absence of administrative court jurisdiction in sovereign matters such as international treaties,” Gamal said.

The government may challenge the ruling before the constitutional court, he added.

Egyptian lawyer and former presidential candidate Khaled Ali celebrates after the Supreme Administrative Court said two islands, Sanafir and Tiran, are Egyptian. Photo: AP

The deal to hand over the islands, signed during an April visit by Saudi King Salman in which Riyadh showered Egypt with aid, provoked accusations that Cairo had “sold” the strategic islands.

Cairo said the islands were Saudi to start with, but had been leased to Egypt in the 1950s.

Two rare protests were held in downtown Cairo in April against the deal, leading to clashes with police and arrests of activists.

Blow for Sisi as Egyptian court rejects Red Sea islands deal with Saudi Arabia

More than 100 people were jailed for up to five years for taking part in demonstrations that police quickly dispersed, but they were later freed on appeal.

Police had also made scores of arrests in the lead-up to the protests to discourage a repeat of a large rally on April 15 at which demonstrators chanted for the “fall of the regime”.

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