Author: Ahmed Naish

Supreme Court instructs High Court to suspend hearings on former President Nasheed’s appeal

The Supreme Court has instructed the High Court to halt its hearings on an appeal lodged by former President Mohamed Nasheed, challenging a ruling by the Hulhumale’ Magistrate Court on procedural points raised by the former President’s legal team.

The High Court on Sunday granted an injunction or stay suspending the former President’s trial at the Hulhumale’ Magistrate Court, pending a ruling on the procedural points raised by Nasheed’s legal team, which included determining the legitimacy of the magistrate court.

Nasheed’s lawyers were informed by the High Court this morning that a hearing scheduled for 10:15am was cancelled because a judge was “on sick leave.”

An official from the High Court initially told Minivan News that the hearing was cancelled because the judge was on sick leave. However, asked which of the three judges on the panel had taken ill, the official said she would have to clarify.

The High Court official said later that the case had been suspended based on instructions from the Supreme Court. A letter from the Supreme Court was received in the late afternoon yesterday, she said.

“The judge took the sick leave [this morning] after the Supreme Court ordered the case to be halted. It wasn’t cancelled because he took ill,” she claimed.

Nasheed’s lawyers were at first unaware of the Supreme Court order.

Abdulla Shair from Nasheed’s legal team said that the High Court has since informed the lawyers of the Supreme Court’s instruction to halt the case.

However, it was unclear whether the Supreme Court’s order was a writ of prohibition or “just a letter telling the High Court to halt the case until the Supreme Court ruled on the legitimacy of the Hulhumale’ Magistrate Court,” he explained.

The High Court official said that the instructions were made in a letter from the apex court.

A media official from the Supreme Court was not responding at the time of press.

However, the official told local media today that the High Court was asked to halt hearings on the appeal because one of the procedural points involved the legitimacy of the Hulhumale’ court, which the Supreme Court had been asked by the Judicial Service Commission (JSC) to determine.

The Supreme Court also informed the Hulhumale’ Magistrate Court on Wednesday to resume proceedings on other ongoing cases, pending a ruling on the magistrate’s court legitimacy.

Following the High Court’s injunction, the Hulhumale’ Magistrate Court announced that it had suspended all ongoing cases in light of the questions raised over its legal status.

In an announcement a day after the High Court granted the injunction, the Hulhumale’ Magistrate Court said it has suspended proceedings on cases involving marriage, divorce, guardianship, family matters, property lawsuits, civil cases, criminal cases involving extension of detention periods as well as other matters that could be affected by the questions raised over its legal status.

The Supreme Court media official told newspaper Haveeru today that the decision by the highest court of appeal would not affect the High Court injunction suspending the former President’s trial.

Former President Nasheed is facing criminal charges over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

Speaking to press after the High Court hearing on Sunday, Nasheed’s lawyer Hisaan Hussain claimed that the state was unable to offer valid arguments to defend the legitimacy of the Hulhumale’ Magistrate Court, which the former President’s legal team contends was formed in violation of the constitution and Judicature Act.

At Sunday’s hearing of Nasheed’s appeal, the JSC revealed that it had filed a case at the Supreme Court to determine the legitimacy of the court.

Local media reported on Monday that the Supreme Court ordered the Civil Court to send over all files and documents on a case submitted by a lawyer, Ismail Visham, over a year ago challenging the legitimacy of the Hulhumale’ Magistrate Court.

The Supreme Court had issued a writ of mandamus ordering the lower court to suspend its hearings and had taken over the case. The apex court had however not conducted any hearings on the case.

Meanwhile, writing in his personal blog last month, Independent MP Mohamed ‘Kutti’ Nasheed explained that a magistrate court could not legally be established at Hulhumale’.

The Judicature Act states that magistrate courts should be set up in inhabited islands aside from Male’ without a division of the trial courts (Criminal Court, Civil Court, Family Court and Juvenile Court).

According to appendix two of the constitution, Hulhumale’ is a district or ward of Male’ and not a separate inhabited island. The former magistrate court at Hulhumale’ – controversially set up by the JSC before the enactment of the Judicature Act in October 2010 – should therefore have been dissolved when the Judicature Act was ratified.

At Sunday’s hearing of Nasheed’s appeal, the three-judge panel heard arguments on the procedural issues from both the claimant and the state, represented by the Prosecutor General’s Office and Attorney General’s Office.

Adjourning the hearing, Judge Shuaib Hussain Zakariya had said that the judges would try to ensure that the next hearing would be the last before issuing a ruling.

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IMF urges parliament to expedite fiscal responsibility legislation

A delegation from the International Monetary Fund (IMF) has urged MPs to expedite legislation on fiscal responsibility, at a meeting with parliament’s Finance Committee and Economic Affairs Committee on Wednesday.

According to the parliament secretariat, the IMF team told MPs that passage of the fiscal responsibility bill currently being reviewed by the Economic Affairs Committee was the most important measure the People’s Majlis could take to improve the country’s economic outlook.

A fiscal responsibility bill to impose limits on government spending and ensure public debt sustainability was submitted to parliament in 2011 by the administration of former President Mohamed Nasheed as part of an economic reform package.

Presenting the bill in August 2011, MP Ahmed Easa of the formerly ruling Maldivian Democratic Party (MDP) said a lot of effort was needed to “change the inherited, outdated and indebted economic system.”

As measures to legally mandate fiscal responsibility, the legislation proposed setting limits on government spending and public debt based on proportion of GDP (Gross Domestic Product).

Borrowing from the central bank or Maldives Monetary Authority (MMA) should not exceed seven percent of the projected revenue for the year, according to the bill, while such loans would have to be paid back in a six-month period.

Moreover, the bill proposed that a statement outlining the government’s mid-term fiscal policy must be submitted annually to parliament at the end of the financial year in July.

Meanwhile, according to parliament, members of the IMF mission currently in the Maldives are Overall Coordinator Dr Koshy Mathai, Dr Fazurin Jamaludin, Nicholas Million, Dr Nandaka Molagoda, and Jules Tapsoba.

Ahmed Munawwar, Manager of the Monetary Policy Section of the MMA also attended yesterday’s meeting.

According to the latest figures from the Finance Ministry the fiscal deficit as of November 4 stands at MVR 2.4 billion (US$155.6 million), with government spending of MVR 10.4 billion (US$674.4 million) outstripping revenues of MVR 8 billion (US$518.8 million) so far this year.

Of the MVR 10 billion in expenditure, MVR 7.6 billion (US$492.8 million) was on recurrent expenditure – salaries and allowances for government employees and administrative costs – while MVR 1.5 billion (US$103.7 million) was spent on repaying loans and interest payments.

Fiscal imbalance

In April 2012, Jonathan Dunn, chief of the IMF mission to the Maldives, told Minivan News that the country’s fiscal deficit was “substantially understated.”

The remarks followed the IMF warning of dire consequences if expenditure was not curbed to rein in the ballooning budget deficit.

Speaking in parliament on behalf of the former government in August 2011, MP Easa meanwhile noted that according to the World Bank, a 66 percent increase in salaries and allowances for government employees between 2006 and 2008 was “by far the highest increase in compensation over a three year period to government employees of any country in the world.”

“We are seeing the bitter consequences today of spending out of the budget without any control or limit,” MP Easa had said.

Dunn had meanwhile emphasised in April 2012 that “fiscal imbalances in the Maldives have been present for many years” and that “fiscal adjustment remains necessary”.

Faced with increasing pressure from the IMF to lower expenditure after failed attempts in 2010 to keep in place unpopular pay cuts for civil servants – a maneuver blocked by the Civil Services Commission (CSC) and backed the then opposition – former President Nasheed’s administration insisted that increased revenue from the new taxes would match expenditure, and boasted that the 2012 budget was the first in many years to balance income and expenditure.

Following the police mutiny and controversial transfer of presidential power, spending by President Dr Mohamed Waheed’s administration had escalated as it sought to shore up support in a fractious political environment.

Moreover, in September 2012, a pair of government-aligned MPs blamed President Waheed’s lack of solid policies for the increase in state expenditure.

Newly-announced expenditure in first few months of the Waheed administration included:

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Addu airport stake sold to Champa Afeef’s Kasa Holdings

An agreement was signed last night to sell 30 percent of the Addu International Airport Company Pvt Ltd (AIA) to tourism pioneer ‘Champa’ Hussain Afeef’s Kasa Holdings to raise finances to develop the Gan airport in Addu City.

AIA is a joint venture formed by the Gan Airport Company Ltd (GACL), Maldives Airports Company Ltd (MACL) and the State Trading Organisation (STO).

The airport infrastructure and facilities in the uninhabited Gan island of the southernmost Seenu atoll was leased to the government-controlled consortium for 50 years with a mandate to develop and operate the asset as an international airport.

The agreement to sell a 30 percent stake in AIA for MVR 60 million (US$3.9 million) was meanwhile signed on behalf of the company by Managing Director Shahid Ali – also Managing Director of STO – and ‘Champa’ Mohamed Moosa on behalf of Kasa Holding.

The agreement was signed in spite of a public threat by Jumhoree Party (JP) Leader and MP for Alif Dhaal Maamigili, Gasim Ibrahim, that Shahid Ali would be sacked from his post if the sale went through.

Gasim, who had previously alleged corruption in the deal, told reporters on Sunday night that Shahid could not “stay in his post if he signs it,” according to newspaper Haveeru.

He also warned that the STO MD could “not live on this island” if the sale was finalised.

Shahid meanwhile reportedly said after the signing ceremony last night that the agreement was signed after the Finance Ministry and Public Enterprises  Monitoring and Evaluation Board (PEMEB) gave clearance for the sale.

Shahid noted that Afeef’s stake in the seaplane operator Trans-Maldivian Airways (TMA) would be an advantage in the development of the Gan airport.

Following the signing ceremony, Shahid told private broadcaster Raajje TV that the sale was made after a decision by the AIA board of directors, a public tender, evaluation of shortlisted candidates and “authorisation from the Finance Ministry”.

Proceeds from the sale would finance “a major project to develop Gan airport,” he said, including expanding the runway and repairing damages in the airport as well as establishing a new drainage system and a seaplane base.

“The estimate of the consultants for all this is US$40 million. So even if we obtain loan finance or contractor finance for this US$40 million project, we would need an equity injection,” he explained. “Therefore, we need an investment to get this equity injection – a party that would give this money to the company as an equity injection.”

The AIA board in consultation with the government decided to invite proposals from Maldivian companies, Shahid said, adding that Kasa Holdings was the only local company to submit a bid.

Shahid stressed that Kasa Holdings was sold a stake in the management company AIA and not the Gan airport.

On the allegations of corruption by the government-aligned JP, Shahid insisted that the sale was made “through an open and transparent bidding process,” adding that AIA would “welcome” an investigation.

The Anti-Corruption Commission (ACC) revealed to local media today that it commenced an investigation into the sale of the AIA stake last month based on assertions in the press.

ACC Deputy Chair Muaviz Rasheed told newspaper Haveeru that the investigation would be completed this week.

Letter to the President

Speaking in parliament yesterday, JP MP Alhan Fahmy claimed that the “self-interest” of Dhivehi Qaumee Party (DQP) was behind the sale of the AIA stake, alleging that DQP senior officials Imad Solih and the party’s leader and Special Advisor to the President Dr Hassan Saeed were complicit in corrupt dealing.

“The government should not sign this agreement. This case should be investigated at a national level,” he said, claiming that the 30 percent stake “could be sold tomorrow to an Israeli party.”

“Addu Atoll Gan is a military strategic location the whole world is watching,” he claimed, calling on the government to reconsider the decision.

Alhan told Raajje TV last night that JP would submit the case to the ACC and parliamentary committees, repeating the corruption allegations and questioning the valuation of the 30 percent stake.

Alhan claimed that Dr Saeed had asked JP Leader Gasim not to oppose the deal at a meeting at the President’s Office yesterday.

In a letter to President Dr Mohamed Waheed Hassan Manik last week, Gasim contended that MVR60 million for 30 percent of AIA’s share was “a very small amount” as the value of the airport would exceed MVR 3 billion (US$200 million).

Moreover, while US$44 million had been estimated as the cost of developing the airport, the JP MP claimed that the project could be completed with US$24 million.

An “open tender just in China alone” for the project would suffice to prove his assertion, Gasim wrote in his letter to Dr Waheed.

Gasim warned that Kasa Holdings would be positioned to acquire 70 percent of AIA by moving to sell 40 percent to a buyer of its choice.

“If a member representing the government does not attend a board meeting held to sell this 40 percent, Kasa Holdings will have the power to sell 40 percent of shares to whoever it pleases at whatever price it wants,” Gasim wrote. “In light of my experience on how these [deals] are completed, I have to say that the ultimate result would be the remaining unsold 40 percent being sold to a buyer of Kasa’s choice and the opening up of the opportunity for Kasa Holdings to control 70 percent, and within this opportunity, for [Kasa] to sell 51 or more percent of AIA to another foreign party.”

Gasim further contended that the move would pose a risk to national security, as the government would have no legal powers over the company.

Cancelling the agreement would mean paying the foreign party a “huge amount in compensation,” he claimed.

Gasim insisted that the Gan aiport should be developed by MACL and offered in his letter to reclaim land for the project free of charge “using my own dredger, employees and machinery with the government only providing oil.”

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Auditor General, ACC Chair dismiss Attorney General’s delay allegations over GMR issue

Auditor General Niyaz Ibrahim and Anti-Corruption Commission (ACC) Chair Hassan Luthfy have dismissed claims by Attorney General Azima Shukoor last week that the government was awaiting completion of investigations by the independent institutions before making a decision on annulling the concession agreement with Indian infrastructure giant GMR, to develop and operate the Ibrahim Nasir International Airport (INIA).

“I would like to point out that the Anti-Corruption Commission still hasn’t finished the complete investigation into the GMR matter. This also presents difficulties for us,” Azima said at a press conference last week.

“I have met with the heads of ACC and Auditor General two, three times. I can’t say anything about the investigations. But I haven’t heard back anything after I shared the information I had available with them.”

However, ACC Chair Hassan Luthfy told newspaper Haveeru yesterday that he did not believe that the government was awaiting the completion of the ACC investigation to take action.

Luthfy said that the government had failed to take action on corruption cases investigated by the ACC and forwarded for prosecution.

“Hence in reality this is blaming someone else while failing to undertake their own responsibilities. I do not think that a party [government] who cannot take action over our previous findings on inquiries can take action in this [GMR] case,” Luthfy was quoted as saying.

Luthfy told Minivan News in September that the investigation could “take some time.”

Auditor General Niyaz Ibrahim meanwhile told state broadcaster Television Maldives (TVM) yesterday that he “could not accept” the Attorney General’s claim.

“If the government believes the agreement should be annulled, the government has the discretion or powers to do so,” he said. “The work of the Auditor General’s Office is not part of the government’s decision-making process. If the government made decisions based on what the Auditor General’s Office says, that would compromise the independence of the Auditor General’s Office.”

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“Waves of secularism”: President warns of undue foreign influence

Foreign parties are attempting to exert undue influence over the Maldives, secularise the country and exercise power over its people, President Dr Mohamed Waheed Hassan Manik has warned.

Dr Waheed made the remarks in his address to the nation (Dhivehi) at a ceremony on Friday night, following the unveiling of a memorial monument for ‘Victory Day’  – when an attempted coup on November 3, 1988 was thwarted by Indian military intervention.

The former vice president said that “foreign parties are attempting to exert influence over us in different ways, under different names and capacities, to exercise power over us.”

These foreign parties were “saying that we must turn to their ideologies and sending waves of secularism [or secular ideologies]  to the country,” the President claimed.

The country has undergone drastic changes in a changing world, Dr Waheed said, while Maldivians’ “traditions, lifestyle and behaviour” has seen major changes.

Dr Waheed contended that Islam was the principal reason “behind the Maldives surviving to the present day.”

“We would not be here marking this day if not for the light of that religion,” he said. “Therefore, we should not give any opportunity for [anyone] to take undue advantage of the turmoil in our environment. I call upon all political parties not to compromise the peace and security of our nation.”

In his first major speech since assuming the presidency on February 7, Dr Waheed told supporters of the ruling coalition that this was “no longer the age of colonialism” and that “no foreign country can influence the Maldives.”

“Today we will maintain our sovereignty with bravery. Be courageous. We will not back down an inch. Today, the change [in power] in the Maldives is what Allah has willed. This did not happen because of one or two people coming out into the streets. Nobody had been waiting for this. Nobody even saw this day. This change came because Allah willed to protect Islam and the decent Maldivian norms,” Dr Waheed had said on February 24.

“Be courageous. Today you are all mujaheddin [those who wage jihad or holy war] who love the nation. We will overcome all dangers faced by the nation with steadfastness.”

Indian investment

Meanwhile, speaking at a ceremony to mark 46 years of diplomatic relations between the Maldives and India on Thursday night, President Dr Waheed said business that have done well in the country were “built on mutual trust and respect.”

While the Maldives would “always welcome Indian investments” it was important to ensure that “national interests are fully protected” when inviting multi-national corporations (MNCs) to invest in the country, President Waheed said in a speech delivered in English.

“Small countries like Maldives are like small businesses, vulnerable to external shocks, always self-conscious about security and easily manipulated by bigger partners. In addition as a nation state small countries are very conscious of their national pride and sovereignty. It is important that, we small countries invite large Multi-national Corporation’s we need to assure that our national interests are fully protected,” Dr Waheed said.

“Similarly the MNC’s must understand as small countries we are vulnerable, we have little bargaining power and especially as a country in transition, we are on a steep learning curve, it is when we become sensitive to each other’s concerns that we build a trusting and lasting friendship. It is not a secret that we are currently facing some difficulty with some Indian companies, we must overcome these difficulties and adamantly resist such difficulties from effecting our very close and brotherly relationship between our two countries.”

He added that Maldivians should “never question the relationship with India” and “must always appreciate and remain grateful to India.”

Meanwhile, Minister of Finance Abdulla Jihad last week warned that the government was unprepared to meet its recurrent expenditure – including salaries – for the final months of 2012 without US$25 million promised by the Indian government.

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MP Riyaz Rasheed threatens to sue Finance Minister, Attorney General over state benefits to former President Nasheed

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed threatened to sue Finance Abdulla Jihad and Attorney General Azima Shukoor at parliament today for providing state benefits to former President Mohamed Nasheed under the Privileges and Protection for former President’s Act of 2009.

Riyaz’s remarks came during introduction of a bill the MP for Thaa Atoll Vilufushi has submitted to bring amendments to the 2009 law, specifying circumstances where the financial benefits could be denied to ex-Presidents.

Riyaz contended that former President Nasheed was not eligible for financial benefits under the law as he had not completed a full five-year term.

While the government had initially questioned Nasheed’s eligibility, the Finance Ministry began providing the financial benefits to the former President in May 2012.

“Even though the Finance Minister is doing it [releasing the funds] based on legal advice from the Attorney General, they have to answer for this,” Riyaz said today. “There will come a day when these two will face a lawsuit over this. We are waiting for the day when this government ends. We will sue the Attorney General and Finance Minister on that day.”

He however added that it was “not easy to proceed with this now” as the DQP was part of the ruling coalition.

Riyaz’s amendments meanwhile state that ex-Presidents would not be eligible for state benefits if they committed or participated in an unlawful act or encouraged such an act.

Moreover, former Presidents would be deprived of all privileges and protection if they commit or encourage an act that threatens the country’s independence; commit an act that leads to the loss of Maldivian territory; commit or encourage an act of terrorism, join a terrorist organisation or call for others to join such a group; and commit, encourage or call for “an act that could pulverize the country’s economy”.

If a former president is convicted of corruption, embezzlement or misappropriation of public funds during his or her tenure, Riyaz’s amendments state that he or she would be deprived of state benefits for a period of 10 years.

If the amount embezzled or misappropriated exceeds MVR 10,000 (US$650) the amendment proposes extending the period by one month for each additional MVR 1,000 (US$65).

In addition, if a former president is convicted of a criminal offence committed while in office, state benefits would be discontinued for a period of 10 years.

If a former president is convicted of a criminal offence committed after leaving office, he or she would be deprived of state benefits for five years.

During today’s debate, MPs of the formerly ruling Maldivian Democratic Party (MDP) claimed that the purpose of Riyaz’s amendments was to terminate state benefits to former President Nasheed, accusing him of personally targeting the MDP presidential candidate.

Government-aligned Jumhooree Party (JP) MP Alhan Fahmy – former vice president of MDP before defecting to the JP – agreed with his former colleagues that the bill was “politically motivated” and submitted “out of personal animosity.”

Progressive Party of Maldives (PPM) MP Ilham Ahmed however supported the amendments and suggested that Nasheed should not receive state benefits based on the former President’s disrespect of courts, alleged sale of national assets and call for a tourism boycott.

Meanwhile, the office of former President Nasheed last week accused the government of “negligence” in providing the legally mandated monthly allowance to cover expenses of the office.

In a press release on Thursday, the former president’s office noted that article 8 of the Privileges and Protection for Former President’s Act (Dhivehi) states, “In the event that a former president wishes to conduct social work beneficial to the community, the state shall provide up to MVR175,000 (US$11,350) a month to arrange for an office, employees and other matters.”

Article 128 of the constitution states that a former president “serving his term of office lawfully without committing any offence, shall be entitled to the highest honour dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

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JP Leader Gasim threatens STO MD with dismissal if Addu airport stake is sold

Jumhoree Party (JP) Leader and MP for Alif Dhaal Maamigili MP, Gasim Ibrahim, has warned the Managing Director of the State Trading Organisation (STO) Shahid Ali that he would be sacked from his post if an agreement is signed to sell a 30 percent stake in the Addu International Airport Company Ltd (AIACL) to Kasa Holdings.

Responding to a question from a reporter at a function at the JP office last night, Gasim reportedly said Shahid could not “stay in his post if he signs it,” according to newspaper Haveeru.

He also warned that the STO MD could “not live on this island” if the sale was finalised.

The remarks from the JP presidential candidate comes after the Finance Ministry yesterday asked AIACL to halt the sale of a 30 percent stake in the consortium to Kasa Holdings, which was intended to raise finances for development of the Gan airport in Addu City.

‘Champa’ Hussain Afeef, tourism pioneer and business mogul, owns Kasa Holdings. A consortium formed by the Maldives Airports Company Ltd (MACL), STO and the Gan Airport Company meanwhile owns AIACL.

AIACL Managing Director Shahid Ali – also managing director of STO – told Sun Online on Sunday that the Finance Ministry asked to halt the sale of shares until the Public Enterprises Monitoring and Evaluation Board (PEMEB) gives clearance for the sale.

Shahid meanwhile told newspaper Haveeru that the agreement for the sale of shares was to be signed yesterday and that all arrangements had been made to complete the sale when the Finance Ministry’s instructions came through.

Shahid however claimed that it was “not the government’s policy” to stop the sale, adding that he expected the agreement to be signed next week with PEMEB’s clearance.

Meanwhile, Gasim sent a letter to President Dr Mohamed Waheed last week alleging corruption in the proposed sale of 30 percent of AIACL’s stake.

If the sale goes through, Gasim warned that Kasa Holdings would be positioned to acquire 70 percent of AIACL by moving to sell 40 percent to a buyer of its choice.

“If a member representing the government does not attend a board meeting held to sell this 40 percent, Kasa Holdings will have the power to sell 40 percent of shares to whoever it pleases at whatever price it wants,” Gasim wrote.

“In light of my experience on how these [deals] are completed, I have to say that the ultimate result would be the remaining unsold 40 percent being sold to a buyer of Kasa’s choice and the opening up of the opportunity for Kasa Holdings to control 70 percent, and within this opportunity, for [Kasa] to sell 51 or more percent of AIA to another foreign party.”

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High Court grants injunction suspending former President Nasheed’s trial

The High Court today granted an injunction (Dhivehi) temporarily suspending the trial of former President Mohamed Nasheed at the contested Hulhumale’ Magistrate Court, pending a ruling on procedural points raised by the former President’s legal team.

The former President is facing criminal charges over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

At a preliminary hearing on October 22, Nasheed’s lawyers requested an injunction halting the trial pending a ruling by the High Court on three procedural points dismissed by the Hulhumale’ Magistrate Court: a magistrate court holding a trial on a different island to where it was based; the constitutional legitimacy of the Hulhumale’ Magistrate Court; and the legality of the arrest warrant issued by the Hulhumale’ Magistrate Court, as such orders could only be issued by a court in the locality of the defendant’s permanent address.

At the Hulhumale’ Magistrate Court’s first trial date on October 9, the court summarily dismissed the first two points and agreed to hear the last issue. The court however ruled that the warrant was issued legally as it was following a precedent established by the High Court.

The ruling was subsequently appealed by Nasheed’s legal team at the High Court.

Concluding the hearing on the appeal on October 22, High Court Judge Shuaib Hussain Zakariya said the three-judge panel would issue a ruling on the injunction at the next hearing on the morning of November 4.

Meanwhile, the second hearing of the trial at the Hulhumale’ Magistrate Court was scheduled for 4:00pm today. Following the court order issued by the High Court however, it has since been cancelled.

In its ruling today, the High Court noted that the Prosecutor General’s Office had not objected to the court issuing the injunction at the October 22 hearing.

The High Court noted that continuing without “determining the legitimacy of the necessary procedural processes” and “ensuring the rights of the defendant” could cause irreparable injury to the claimant.

Moreover, if there was “a delay” in ruling on the request for an injunction, “the court believes that the purpose of the ruling [on the appeal] might not be achieved”.

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Government withholding allowance, claims office of former President

The office of former President Mohamed Nasheed has accused the government of “negligence” in providing the legally-mandated monthly allowance to cover expenses of the former’s president’s office.

In a press release on Thursday, the former president’s office noted that article 8 of the Privileges and Protection for Former President’s Act (Dhivehi) states, “In the event that a former president wishes to conduct social work beneficial to the community, the state shall provide up to MVR175,000 (US$11,350) a month to arrange for an office, employees and other matters.”

The social work to be carried out by the former president’s office included “efforts to develop and strengthen democracy,” the press release explained.

Article 128 of the constitution states that a former president “serving his term of office lawfully without committing any offence, shall be entitled to the highest honour dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

The Privileges and Protection for former Presidents Act of 2009 was the first piece of legislation passed by the 17th parliament elected in May 2009.

The press release meanwhile revealed that the government first provided the state benefits due to the former president by law “four months after he left office” when a letter was sent to the Finance Ministry on April 30.

However, the financial benefits were discontinued four months later in August 2012.

Officials of various rank at the Finance Ministry as well as Finance Minister Abdulla Jihad were approached “repeatedly” regarding the benefits and all requested information was provided in a letter on August 27, 2012.

While Finance Minister Jihad had said that the ministry would send a letter seeking further information concerning the work of the former president’s office, the press release noted that the said letter had not been sent as of November.

On Jihad’s claim to local media that he was unaware of the location of the office and had sent a letter seeking clarification, the press release stated that “the minister should believe that a letter sent to an office whose address he did not know would not be delivered.”

“We note that this office has not been informed of the reasons for the sudden discontinuation of the benefits previously provided,” the former president’s office said, adding that a “verbal explanation” by ministry officials that the benefits were discontinued on orders from the Finance Committee of parliament was refuted by the committee.

While the amounts to be paid as benefits were specified in the law, the press release alleged that the Finance Ministry had not deposited the full amounts.

The law stipulates a monthly allowance of MVR 50,000 (US$3,243) for a president who has served one term.

The former president’s office expressed concern with the ministry’s failure to adhere to the law and called on the government to “respect the laws” and ensure “administrative fairness” by the state.

In October, local media gave conflicting statements regarding the reasons for the withholding of Nasheed’s office allowance.

Sun Online reported Jihad as saying that the issue was related to the unknown location of Nasheed’s office whereas Haveeru said that the suspension of privileges was related to a disagreement over whether former presidents were required to conduct charitable activities.

“In reality, the office should be involved in holding social activities. However, the concern of these members is that there is no social work to be seen by the (Nasheed’s) office,” Jihad was quoted by Haveeru.

“It has to be clarified. Hence the financial allowances have been halted for the time being. We still haven’t been provided with the information we sought in relation to the office,” Jihad told the paper.

Meanwhile, in March, the government had questioned Nasheed’s eligibility for state benefits on the grounds that he had not completed a full five-year term in office.

In June, Maldivian Democratic Party (MDP) MP Ahmed Hamza revealed that the state had spent MVR 1.3 million (US$84,300) on healthcare costs for former President Maumoon Abdul Gayoom and his wife from 2010 to April 2012.

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