Morocco’s Constitutional Court has rejected a request by House of Representatives Speaker Ahmed Touizi to declare the parliamentary seat of Madiha Kheir vacant, ruling that her brief appointment to the government did not meet the legal conditions for triggering the procedure.
The decision, issued Wednesday, follows controversy over Kheir’s removal from the government less than 48 hours after her appointment and reported efforts by her party’s leadership to persuade her to resign from Parliament.
The court said Article 14 of Organic Law No. 27.11 governing the House of Representatives is intended to prevent individuals from simultaneously serving as members of Parliament and the government. The incompatibility resulting from holding both positions ends when the individual no longer holds one of them.
Kheir was appointed to the government on Oct. 16, 2026, under Royal Decree No. 1.26.91, but was dismissed on Oct. 18 under Royal Decree No. 1.26.93.
The court noted that her dismissal preceded the filing of Touizi’s request, which was registered with the Constitutional Court’s General Secretariat on Oct. 23. The request sought a ruling on the parliamentary status of lawmakers appointed to the government and the resulting legal consequences.
As a result, the court found that the request concerning Kheir did not meet the legal conditions required to initiate proceedings to declare her seat vacant and ruled it inadmissible.
The court also addressed the status of other lawmakers appointed to the government.
It said it had already ruled on Nov. 3, in Decision No. 293 W.B. in Case No. 527/26, that the parliamentary seat held by Nizar Baraka, elected in the Larache constituency, was vacant. It therefore considered the speaker’s request concerning Baraka moot.
The court declared vacant the parliamentary seat held by Head of Government Fatima Zahra Mansouri, who was elected in the Medina-Sidi Youssef Ben Ali constituency in Marrakech.
It also declared vacant the seats held by the following lawmakers, who were elected in their respective local constituencies:
- Abdellatif Ouahbi — North Taroudant
- Ryad Mezzour — Benslimane
- Mohamed Mehdi Bensaid — Rabat-Ocean
- Azzedine El Midaoui — Rehamna
- Abdessamad Kayouh — South Taroudant
- Abderrahim Chahid — Zagora
- Najwa Koukous — Casablanca-Anfa
- Omar Hjira — Oujda-Angad
- Rachid Hamouni — Boulemane
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