Seventy days after Arab Reporters for Investigative Journalism (ARIJ) published the investigative piece on “Illegal Fees from the Pockets of Palestinians,” the Palestinian Prime Minister, Muhammad Ishtay, asked the Minister of Justice to review the legal texts that the Bar Association adopts in collecting fees for powers of attorney and notary deeds and to explain them at the Supreme Constitutional Court. The investigation revealed that the Bar Association in Palestine imposed illegal fees for notary deeds and powers of attorney that amount to around 8 million Jordanian Dinars annually. 

On January 27, 2021, the Minister of Justice, Muhammad Shalaldeh, addressed the Constitutional Court and asked for an explanation of Article (42) of Law No. (3) of 1999 about regulating the legal profession and upon which the Bar Association bases the impostion of fees. 

The request mentions that its importance lies in “resolving the dispute over the stated article and whether it especially violates Articles (69) and (70) of the amended Basic Law of 2003. The authority to issue bylaws and regulations is within the exclusive capacity of the Ministry Council.” He added, “According to the primary legislative principles, the text of the law supersedes bylaws, and no legislation is permitted to violate the provisions of the Basic Law.”    

In the request addressed to the Constitutional Court, the Minister of Justice clarifies that the required explanation should “resolve the dispute over the legality of Regulation No. (1) of 2009 on notary deeds, companies and contracts.” He added that the explanation would “establish justice between the interest of citizens and lawyers regarding those fees in all aspects related to their value, justification, and the extent of legal skills they require. This is especially important since the bylaws openly state that there is no responsibility for the contents of the notary deed or for the companies’ contracts and their regulations. It is more important to reconsider this controversial issue, especially because it leaves citizens with a financial burden if the law stays in place.”

On February 11, 2021, the Constitutional Court sent the request for clarification to the Bar Association and demanded a response on the issue.

On December 28, 2020, the General Assembly of the Ministers’ Council had issued a legal opinion on the fees for deeds and powers of attorney in response to the request of the Head of the Government. The Assembly stressed that “Article (42) of Law No. (3) of 1999 on regulating the legal profession violates the amended Palestinian Basic Law.” The Assembly states, “The text of the law supersedes the bylaws, and no legislation can violate the Basic Law.” 

The investigation was published in mid-December/November of last year on ARIJ and Ajial Palestine websites, and a televised version was aired on Roya TV.

The investigation caused controversy, and the Supreme Constitutional Court will now decide whether the fees for deeds and powers of attorney are constitutional.