Day: January 8, 2013

Supreme Court schedules hearings against key parliamentary decisions for next week

The Supreme Court will hear two separate cases filed against decisions taken within parliament next week.

According to the Supreme Court’s official website, a case lodged by former Civil Services Commission (CSC) Chair Mohamed Fahmy Hassan against parliament’s decision to impeach him over allegations of sexual harassment is scheduled for January 14.

A separate case will then be held two days later on January 16 concerning the Majlis’ decision to hold no-confidence votes against President Dr Mohamed Waheed Hassan Manik and other senior government figures through a secret ballot.

The two cases have been criticised within the People’s Majlis, with some MPs claiming the Supreme Court did not have the jurisdiction to look into matters approved by parliament.

Right to justice

Speaking to Minivan News today, opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor accused the Supreme Court of being grossly negligent in carrying out its duties as the country has switched from an autocratic system of governance to a democratic one in 2008.

Ghafoor contended that the Supreme Court’s conduct had been contrary to keeping the powers of the state both independent and separate.

“Due to this negligence, it has allowed incompetent, insincere judges to take over all the ranks of the judiciary, disregarding the article 285 of the constitution. Now, the validity of both Supreme Court and High Court is limited and restricted due to its failure to establish a proper legitimate judiciary,” he said.

“We don’t see justice being served, to be honest, the people of this country have lost their right to justice. I don’t see true justice being established in the country, not as long as they are here.”

The Henveiru South constituency MP also accused the Supreme Court of failing to specify its reasons behind decisions taken on constitutional matters.

“They are failing to grasp the intentions of the constitutional assembly that drafted the constitution. Why are they failing to refer to the meeting minutes of the assembly to understand their intentions as a tool to interpret the constitution? This is what happens when you don’t have a competent judiciary, they fail to grasp the spirit of the constitution,” he claimed.

The Supreme Court last month issued two separate injunctions ordering parliament to  withhold selection of a CSC president to replace Fahmy and to halt scheduling impeachment votes against President Dr Mohamed Waheed Hassan Manik and Home Minister Mohamed Jameel Ahmed.

The Supreme Court in both injunctions claimed that it needed to review the legality of the concerned issues in line with “necessary constitutional and legal principles” that had to be followed.

Exclusive cognizance

Responding to the injunctions issued by the Supreme Court, Independent MP Mohamed ‘Kutti’ Nasheed has said in a personal press video that the powers stated in article 88 of the constitution were given to parliament to execute its duties. Nasheed added that the powers outlined in the article should not be restricted by the country’s courts.

“The article 88 (b) of the constitution is a power given to the parliament to execute its duties. It should not be confused with the recently passed privileges bill. What article 88(b) states that no court of law can question the decisions reached by the parliament,” he said.

“The Article 88(b) of the constitution states – ‘Unless otherwise specified in this Constitution, the validity of any proceedings in the People’s Majlis (Parliament) shall not be questioned in any court of law.’  It is for a reason that this clause was included in the constitution. This is a principle adopted by parliaments across the world. I don’t know the Arabic word for that, but in English it is known as ‘Exclusive Cognizance,’” he explained.

Nasheed contended that article 88 (b) outlined powers that should be exclusive to parliament and all courts of law should respect the legislature.  He claimed that a failure to respect parliament could mean every decision reached in the Majlis would be challenged.

“For example, even in a football game, though a team may be very upset by a decision of the referee, the play continues. They don’t go to court and seek an injunction so that match would be halted until a court decides on the matter. Neither is the decision overruled. The game continues,” Nasheed argued.

“What is happening right now could mean that if a player is shown a red card or a yellow card, the team who is unhappy about the referee would stop playing and go to court and seek an injunction to hold the play until the court reaches a verdict. Imagine what will happen if such practice takes hold.”

Parliament decisions

Former CSC Chair Fahmy was impeached from parliament in June last year over allegations of sexual harassment against an employee. The decision was reached after a debate on the report, which was produced by Parliament’s Committee on Independent Institutions.

Following much debate in parliament, Nasheed stated that the Committee on Independent Institutions had mandate over the CSC and it did not need to conduct a criminal investigation to remove Fahmy from his post.

“What we applied are widely accepted civil standards. Based on our findings, 7 out of the 10 committee members decided that it was more likely that Fahmy had committed this act than that he did not. And that is enough to remove him from his post,” Nasheed said.

The subsequent no-confidence vote to remove Fahmy passed by a majority of 38 to 32 votes. However, Fahmy filed a case at Supreme Court contending that he was removed from his position unlawfully.

Back in October meanwhile, the MDP proposed a no-confidence motion against President Waheed claiming that the police and the military had “brutalised” its supporters on February 8 under direct orders from the president himself.

The MDP also alleged that President Waheed had destroyed the sensitive economy of the nation and adversely impacted investor confidence in the Maldives.

Other reasons, the MDP alleged, included the failure of President Waheed’s administration to curb gang violence in the country, as well as his government taking a loan worth MVR 300 million (US$19.5 million) from the Bank of Maldives (BML) without prior approval from parliament – a violation of Public Finance Act and Public Finance Regulation.

The MDP subsequently proposed the amendment to parliamentary regulation which would pave the way for a secret ballot in the vote to impeach President Waheed. However, the first attempt, despite approval from parliament’s General Affairs Committee was defeated in parliament by 39 to 34 votes.

Parliament last month passed the amendment when it was again re-submitted and approved with a 41 to 34 majority. The approval was backed by two government aligned parties, the Jumhoree Party (JP) and Dhivehi Rayyithunge Party (DRP).

The amendment was also later challenged in the Supreme Court.

Likes(0)Dislikes(0)

PG asks High Court to void dismissal of Deputy Speaker Nazim’s corruption cases

The Prosecutor General (PG’s) Office today requested that the High Court void a previous Criminal Court dismissal of four corruption cases against People’s Alliance (PA) MP and Deputy Speaker of Parliament Ahmed Nazim.

Nazim had been cleared by the Criminal Court of all four corruption charges against him on February 23, 2012. The decision was taken 16 days after the controversial transfer of power on February 7, with the court ruling that Nazim’s “acts were not enough to criminalize him.”

All four cases concerned public procurement tenders of the former Atolls Ministry, which were alleged to have been secured through fraudulent documents and paper companies.

The state prosecutor during today’s hearing claimed that the Criminal Court had acted in contradiction to the procedures normally applied in criminal cases.

The prosecutor also alleged that in passing the ruling to dismiss the cases, the Criminal Court had failed to consider any of the evidence provided by the state.

During today’s appeal hearing, the PG’s Office stated that the dismissal of the cases had breached the constitutional decree of equal treatment to all citizens. Concerns were also raised that the Criminal Court had acted against the norms of procedure in similar cases by ruling that two counts of fraud cases against Nazim could not be prosecuted.

Considering these grounds, the state asked the High Court to rule void the Criminal Court’s dismissal of the four cases, and to order the court to rule on the cases anew.

Nazim dismissed the state’s allegations in court today, local media reported. Speaking on his behalf, his lawyer alleged that the state’s appeal case was “based around a lie”.

Nazim’s lawyer responded to the state’s allegation that the Criminal Court had not followed procedures by claiming that the court had presented the state with an opportunity to present their case during hearings.

The defendant’s lawyer also alleged that the witnesses named by the state had not been presented in court as they were not believed to be fair or impartial witnesses.

Last month, Nazim slammed PG Ahmed Muizzu in parliament, stating that he had failed to either come to a decision on or forward to court some 72 percent of cases submitted to his office by the Maldives Anti-Corruption Commission (ACC).

The criticisms levelled by Nazim were dismissed at the time by the PG himself, who said that the claims were inaccurate.

PG Ahmed Muizzu and MP Ahmed Nazim were not responding to calls at the time of press.

Likes(0)Dislikes(0)

Union links New Zealand consul to Maldives resort worker dispute

The New Zealand Government risks being held in “international disrepute” over the alleged involvement of one of its honorary consuls in an ongoing employment dispute with a Maldives resort, a letter from the Service and Food Workers Union (SFWU) has warned.

The letter addressed to New Zealand’s Minister of Foreign Affairs Murray McCully has alleged that the country’s Honorary Consul in the Maldives, Ahmed Saleem, was “involved” in an employment dispute with 29 former resort workers from Conrad Rangali Island resort in the Maldives.

In June 2011, 29 staff members working at the Conrad resort alleged they had been dismissed from their posts following a strike held by workers in March that year. However, the resort operator denied the allegations, maintaining that the staff had been made redundant and at the time due to renovations and lower occupancies as a result of the low season.

Conrad Rangali Island resort has previously stated that affected staff had all been provided with “generous” financial support packages as part of their redundancies.

According to the letter sent this month by the SFWU’s National Secretary John Ryall, 22 of the workers made redundant at the resort later challenged their dismissal at a local employment tribunal. The trade union said the tribunal had ruled the employees’ termination had been “unfair” and ordered the resort to reinstate the staff.

The letter alleged that the Conrad Rangali Island resort, supported by resort owners Crown Company, refused to comply with the tribunal order. However, the resort group has maintained that the case was presently being heard at the Maldives High Court.

The letter also alleges that Saleem, through his dual position as New Zealand’s Honorary Consul in the Maldives and as one of the directors of Crown Company, “advertised” his business as being located as the same address as the consulate.

“We urge you to inform Mr Saleem that having the New Zealand government connected in any way with defying a court reinstatement order for workers who were merely standing up for their basic rights is unacceptable and will bring our country into disrepute internationally,” the statement read.

“We urge you to inform Mr Saleem If he wants to continue as a New Zealand Government representative that he needs to ensure that the court ruling is immediately adhered to, that the Crown Company – appointed management recognise the Tourism Employees Association of Maldives (TEAM) union and that good faith negotiations commence to resolve the outstanding issue,” the letter reads.

Minivan News was waiting for a response from the New Zealand Ministry of Foreign Affairs and Saleem at time of press.

Seaborne protest

On Friday (January 4), Tourism Employees Association of Maldives (TEAM) held a seaborne protest near the beaches of Conrad Rangali Island Resort over the resort’s alleged refusal to comply with the tribunal order.

TEAM Secretary General Mauroof Zakir told Minivan News that the aim of the protest was to make guests aware of the allegations raised by former staff members, as well as the employment tribunal verdict calling for their reappointment.

“We went by boat to show our banners to the tourists on the beach [at the resort]. There were a lot of guests there who saw what we had written, however after two hours the police came,” he said.

“Even though we close to the island, we did not cross the line that dictates what the resorts property is. Even though we said this, the Police said they would arrest us if we stayed any longer.”

A spokesperson for Conrad Rangali Island Resort told Minivan News yesterday (January 8 ) that the case is currently under appeal at the High Court.

“Conrad Maldives Rangali Island is aware that there are petitions for the reinstatement of employees made redundant in 2011. The case is under appeal at the High Court of the Maldives and the final verdict is still pending.

“We would like to remind the media that the resort is not required to reinstate the previous employees while the High Court considers the appeal,” the spokesperson added.

Industrial action

TEAM has claimed that its seaborne protest was the beginning of a wider movement that would focus on workers from other resorts alleged to have been mistreated by management.

Mauroof stated that members of TEAM intend to picket at the airport and that letters have already been sent to President Mohamed Waheed Hassan Manik and other senior government officials to inform them of an industrial strike.

“I have already been receiving mail form many resort workers as they all want to go on strike right now. But we have to go by regulations, especially in accordance to the new bill outlining the rules for protest,” Maroouf said.

Under the new ‘Freedom of Assembly Bill’ recently passed by parliament, demonstrations outside a number of public places, including resorts and airports will be outlawed.

The regulation also states that although demonstrators do not need to seek authorization ahead of a gathering, police must be then notified of any pre-planned demonstrations before they commence.

Palm Beach Island Resort protests

On Saturday (January 6), local media reported that room boys from Palm Beach Island Resort had gone on strike over alleged delays to salary increments.

A resort employee told local newspaper Haveeru that the striking room boys had also demanded for the head of the Human Resources Department to be sacked over mistreatment of staff.

“There are room boys who have worked here for seven years. However, even they are yet to receive a salary increment. It has been months since a pay raise had been promised,” a resort employee was quoted as saying.

According to Haveeru, the Italian management of the resort pays their room boys MVR2,500 as a basic salary while an estimated US$80 to US$90 as service charge.

Palm Beach resort was not available for comment when contacted by Minivan News at time of press.

Speaking at a photo exhibition celebrating 40 years of tourism on Sunday (January 6) Tourism Minister Ahmed Ahdeeb said that the ministry had been informed about the recent protests.

“We have engaged with both the resort and the striking staff to take a middle position where we can calm the situation. In the future, other disputes will be addressed and we intend to look into them,” he added.

Likes(0)Dislikes(0)

Four arrested over Fares-Mathoda Health Centre theft

Police have confirmed the arrest of four people in connection to the theft on Sunday (January 6) of a safe from a health centre located on the island of Fares-Maathoda in Gaafu Dhaalu Atoll.

Police Spokesperson Sub-Inspector Haneef confirmed the arrests today, while also disclosing that the safe taken during the raid had been uncovered.

According to Haneef, the safe, which had been used to keep wages and other payments to health centre staff, had been discovered in waters surrounding the island yesterday (January 7).

“The safe was severely damaged when it was found and there was no money in it,” he said.

Local media has reported that an estimated MVR 28,000 (US$ 1,830) had been kept in the safe at the time of the theft.

The Manager of Fares-Mathoda Health Centre Mohamed Waheed has told Minivan News that thieves had broken though the health centre’s windows to gain entry to the building before managing to remove the safe from the property.

‘’It is a huge loss for the health centre, the money they stole had been saved to pay the salary of a staff that was on leave,’’ Waheed said. “It is the money saved to pay some allowances to the expatriate staff working here as well.’’

Waheed claimed the Health Centre presently had no budget, and may require government assistance to cover its losses.

“We are hoping that the Health Ministry will provide assistance to the Health Centre,” he said. “I understand that the stolen safe was found but [was] empty. We are also not provided with details of the investigation until it is completed.’’

Fares-Mathoda’s Island Council has told the local media that there had been growing concern at a perceived increase in crimes occurring in the area of late.

Likes(0)Dislikes(0)

MTDC to temporarily operate Club Faru resort: Tourism Minister

The Maldives Tourism Development Corporation (MTDC) is to temporarily operate Club Faru resort, Tourism Minister Ahmed Adeeb has said.

Local media has reported that the MTDC will run the resort until the second phase of reclaiming Hulhumale’ begins this year.

On Saturday (January 5), the Ministry of Tourism, Arts and Culture said it had assumed control of Club Faru after the resort’s operators failed to hand over the property following the expiry of their lease agreement.

Adheeb told Minivan News the next day (January 6) that the property was to be closed down within two months of the government taken over the resort this weekend.

Likes(0)Dislikes(0)

Stranded container ship in Male’ refloated: MNDF

A container ship was yesterday (Janaury 7) stranded in waters on the eastern side of Male’ for three hours before tug boats were able to successfully refloat the vessel, local media has reported.

Maldives National Defence Force (MNDF) Spokesperson Colonel Abdul Raheem told Minivan News last night that the ship, called Auguste Schulte, sailed under a Liberian flag.

The MNDF told local media that while the ship itself did not suffer much damage from the incident, investigations would be carried out on the reef where the boat had been stuck.

Should any damage be found on the reef, a fine of MVR 85,000 (US$ 5508) per square metre of damaged reef will be imposed, an official from the Transport Authority told the Sun Online news agency.

Likes(0)Dislikes(0)