Author: Ahmed Nazeer

Bill on judges scheduled for parliament today

The controversial bill on judges is scheduled for today’s session in parliament. The committee stage of the bill will conclude and the presented to parliament chamber for the MPs to debate.

The Maldives National Defence Force (MNDF) has meanwhile locked the Supreme Court and is barring entry to the judges, despite handing over the Supreme Court key to the Chief Justice as per a court ruling by the Civil Court on Sunday.

The case was presented to the court by the Prosecutor General requesting that the Supreme Court’s key should be returned to court staff. The MNDF is continuing the blockade despite pragmatic adherence to the legal technicality of handing over the key.

The opposition has claimed the interim Supreme Court should continue to function until the appointment of a new Supreme Court, as per article 284 of the Constitution in Chapter 14, which governs the transitional period.

Earlier in year the Supreme Court judges sent a letter to the president, declaring that they had ruled themselves permanent.

The judges of all courts, who met requirements approved by the Judicial Service Commission (JSC), have meanwhile taken oaths for 70 years despite many having criminal convictions, limited qualifications, and in many cases, primary-school level education.

The government contends that the interim Supreme Court no longer exists on conclusion of the interim period, as Chapter 14 is now annulled. The deadlock worsened considerably on conclusion of the interim period, as the constitution was one of the few areas on which both sides of the political sphere agreed.

Meanwhile, Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeco’ Moosa Manik has told local newspaper ‘Miadhu’ that the parliament will today conclude the work on the law on judges, reestablish the Supreme Court and appoint the Chef Justice according to the constitution, before midnight.

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Ali Waheed told newspaper Miadhu that the party would being street demonstrations if today’s session did not continue, accusing the MDP of  obstructing the sessions.

Attorney General Husnu Suood resigned on Sunday claiming his job was untenable due to the constitutional void created by parliament’s failure to legislate and cancellation of critical sessions. He also called on the Speaker of the parliament Abdulla Shahid to share responsibility for the situation and also resign.

Parliament had promised to complete necessary legislation in a special session on Saturday, but this was cancelled by the speaker.

Reports this morning suggested the session was proceeding cautiously.

Likes(0)Dislikes(0)

DRP leaders ask VP about reaction to presidential overthrow in midnight meeting

Vice President Dr Mohamed Waheed Hassan Manik met with a senior delegation of opposition Dhivehi Rayyithunge Party (DRP) leaders last night at midnight on their request, Minivan News has learned.

Members of the press waited outside the residence of the Vice President seeking comment from the delegation when they emerged, however the delegation declined to comment and quickly rushed away.

The media noted that members of the delegation included the DRP Deputy Leaders Umar Naseer and Ilham Ahmed, and MPs Ahmed Mahlouf and Ali Arif.

Today DRP MP Ahmed Nihan told Minivan News that during the meeting the delegates discussed the constitutional issues faced by the country, and asked Dr Waheed how he might react should President Nasheed be removed from office.

”MP Mahlouf told me they met the vice president and clarified what would be his reaction in the event this government was toppled by a no-confidence motion in parliament, or overthrown in any case,” said Nihan. ”I do not have detailed information.”

Nihan accused President Nasheed of failing to uphold the constitution, and “unlawfully locking” the Supreme Court.

Dr Waheed himself did not respond to Minivan News at time of press, however Minivan News understands that the Vice President was non-committal, and explained that such matters were the DRP’s prerogative. He allegedly claimed he would not speak out against the current government, or run for President in 2013 should such a scenario arise, but would continue with the programs of the current government. The topic of who would become Vice President in such a situation was not raised, Minivan News understands.

The government last month accused several MPs, including Jumhoree Party (JP) MP Gasim Ibrahim and People’s Alliance (MP) Abdulla Yameen, of bribery and treason after six ruling-party MDPs informed the President that they had been offered bribes to vote against the government.

The opposition has a majority in parliament but not the two-thirds majority it would require to impeach the President or Vice-President, for which it would require the votes of MDP MPs as well as independents.

DRP Spokesperson and deputy leader Ibrahim Shareef said he had no information that a party delegation had met with the vice president in an official capacity.

‘’All I know is that no person from the DRP has met with the vice president officially. I am not saying that they did not meet, but if it was an official meeting, it would be approved by the party council,’’ said Shareef.

DRP MP Abdulla Mausoom said that if the party wished to disclose information on the matter, “we will call for a press meeting.”

DRP MP Ahmed Mahlouf and DRP Deputy Leader Umar Naseer were not responding at time of press.

Likes(0)Dislikes(0)

GMR and MACL hold workshop on upgrading airport

GMR and Maldives Airports Company Limited (MACL) have held a joint two-day workshop with senior staff at Male’ International Airport to collect ideas on how to improving the facilities and upgrade the airport, prior to the construction of the new terminal.

The Indian infrastructure giant won the management contract to upgrade the airport build the new terminal by 2014, following a bidding process that was criticised for its fast speed and alleged lack of transparency. Opposition parties also opposed the privatisation of the airport on nationalistic grounds.

Chairmen of MACL ‘Bandhu’ Ibrahim Saleem said that the workshop was very useful and that the two parties had managed to collect constructive opinions from customers and staff on how to improve the services and facilities provided by the airport.

‘’It is a necessary task to upgrade the international airport,” Saleem said. “We are very confident with GMR, we have witnessed three airports developed by them under public private partnerships.’’

GMR Manager P Sripathi said that the paperwork was almost concluded and that the company needed only final approval for some documents.

‘’We know there will be a lot of complaints from different areas of the airport, but one by one we will sort out all the issues eventually,’’ said Sripathi. ‘’We are just in the final stages of forming the airports company.’’

When journalists present at the meeting queried about the different issues being encountered, senior officials on the panel recommended focusing questions “only on the subject of the workshop.”

The GMR-Malaysia Airports Holdings Berhad (MAHB) consortium won the controversial bid to develop Male’ International Airport and will spend US$373 million on the upgrade.

Speaking at the opening of the cavernous Delhi Terminal 3 recently, GMR Manager P Sripathi told Maldivian journalists that physical work would begin on the airport towards the end of this year.

“The first phase is organising the finances and transitioning the airport from a government-run enterprise to a privately-run enterprise,” he explained.

“The transition will be a new thing [for the Maldives] and we will be there to help with that. We have done such things in other places, and we know how to go about it,” he said.

Male International Airport will remain as a property of the Maldivian people under the leasing agreement with GMR, said the former minister of civil aviation and communications Mahmood Razee recently in a local news paper Miadhu report.

Opposition political parties has repeatedly expressed concern and called on the government not to lease the Male’ Inernational Airport to a foreign company, claiming it could disrupt the national securit and harm the peace and harmony of the country. However, the government dismissed the claims, alleging vested interests on behalf of certain opposition leaders.

Likes(0)Dislikes(0)

Tourism Minister Dr Sawad nominated as new attorney general

Tourism Minister Dr Ahmed Ali Sawad has been nominated as the new attorney general of the Maldives, according to a senior government official.

Husnu Suood resigned yesterday, taking some responsibility for the constitutional crisis, and urged Speaker Abdulla Shahid to step down as well.

The source told Minivan News that Dr Sawad was ready to take the oath of office pending the missing law on judges, which the administration is waiting for parliament to pass.

‘’As soon as the parliament passes the new law on judges, the new Attorney General will take the oath,’’ said the source.

Dr Sawad was not contactable at time of press.

Meanwhile, the MNDF has blocked the the interim Supreme Court judges from entering the Supreme Court, on advice from the former Attorney General that the interim Chief Justice and judges at the Supreme Court ceased to have any legitimacy following the interim period deadline last Saturday.

When queried why the Supreme Court judges were not allowed to enter to the court, the source replied “that’s because they are not judges.’’

The opposition – and yesterday, the Civil Court – contends that the interim Supreme Court continues to function until a new court is appointed by parliament.  The government claims this chapter was annulled after the two year deadline.

The former Attorney General Husnu Suood resigned claiming his position is untenable in the “constitutional void” triggered by parliament’s failure to enact legislation ensuring the continuation of state institutions such as the judiciary.

In his resignation letter, Suood stated that he had resigned because he did not believe that the state could be operated according to the constitution, because he had noted that state institutions had failed to fulfil their responsibilities as obliged by the constitution.

As a consequence, Suood wrote he did not have the opportunity to perform his own duties and responsibilities under article 133 of the constitution, prompting his resignation.

All three arms of state – executive, judiciary and legislature – are now deadlocked.

Likes(0)Dislikes(0)

Salaf sends immigration list of alleged missionaries deported by former government

Religious NGO Jamiyyathul Salaf has sent a letter addressed to the Immigration Controller requesting further information on expats who were deported during the previous administration, most of them for alleged missionary activity.

In their letter, Salaf requested the immigration department clarify why some of the deported alleged missionaries were missing from the immigration’s black list, and asked the department to clarify whether the issue was acted upon and when the deported expats were removed from the black list.

The letter, published by Salaf on its website, contained names of people “most of whom were deported for alleged missionary  activity,’’ claimed the NGO’s president Abdulla Bin Mohamed Ibrahim.

“We confirmed the names and the information we have, it is from very relevant sources,’’ said Abdulla. “They were deported by the previous government and we want to know why they were removed from the black list, and when they were removed from the list.’’

Immigration Controller Ilyas Ibrahim said it was the power and duty of the immigration to look after such matters, and that Salaf was “not in a position to raise questions over the department’s duties and responsibilities.”

”They can go to the courts if they wish,” said Ilyas. ”No person on our watch list will enter the country, and if we allow them in, it means that either their deportation period is over or they were granted clemency.”

He repeated that no person on the immigration department watch list would enter the country.

Likes(0)Dislikes(0)

Civil Court orders the immediate release of Supreme Court’s key

The Civil Court of the Maldives has today ordered Ministry of Defense and National Security to release the Supreme Court’s key immediately, and allow the reinstatement of the interim Supreme Court.

The case was presented by the Prosecutor General to the Civil Court this morning. The first hearing was conducted almost immediately and the verdict was delivered this afternoon.

‘’We declare in the absence of state Attorney General’s office, to the Ministry of Defense and National Security and to all concerned authorities of the state, the key of Supreme Court should be issued to the Supreme Court at any time Supreme Court wishes immediately,’’ said Chief Judge Ali Sameer, delivering the verdict.

Citing articles 284 and 141 of the constitution, Judge Sameer declared “that no person shall hold the key of the Supreme Court without the consent of the court.’’

Judge Sameer said the PG’s office had the authority to present the case when the work of the Supreme Court was obstructed, or if the Supreme Court came to a halt by any cause, because it potentially obstructed the PG from fulfilling his responsibilities.

The judge also noted that the court order to summon the Attorney General was delivered and that the AG office failed to send representation to the court, and did not inform why.

State Defense Minister Muiz Adnan said he had not seen the verdict and would not comment until  he had read it.

When questioned according to the last declaration how long the key will be held by the military, he said  he had no information regarding the issue.

Major Abdul Raheem, also a spokesperson of Maldives National Defense Force, said the keys of all the state institutions were kept with the MNDF and issued according to a procedure established by the defence ministry.

Likes(0)Dislikes(0)

Attorney General resigns claiming job untenable in parliament-caused “constitutional void”

Attorney General (AG) Husnu Suood has resigned claiming his position is untenable in the “constitutional void” triggered by parliament’s failure to enact legislation ensuring the continuation of state institutions such as the judiciary after the interim period.
Suood publicly called for Speaker Abdulla Shahid to follow his lead, after the Speaker cancelled a special session of parliament yesterday intended to resolve interim matters – such as the appointment of Supreme Court judges – before the deadline yesterday.

Following initial reports in the media from opposition MPs, the president’s office issued a statement confirming it had received a letter of resignation from the AG.

In his resignation letter, Suood stated that he had resigned because he did not believe that the state could be operated according to the constitution, because he had noted that state institutions had failed to fulfil their responsibilities as obliged by the constitution.

As a consequence, Suood wrote he did not have the opportunity to perform his own duties and responsibilities under article 133 of the constitution, prompting his resignation.

“His legal opinion is that his job is no longer tenable until the Majlis enacts the appropriate legislation,” said Press Secretary for the President’s Office, Mohamed Zuhair.

Suood appeared on Television Maldives (TVM) this around noon blasting parliament for failing to legislate the continuation of state institutions by the interim period’s deadline yesterday.

Opposition DRP MP Ali Waheed meanwhile stated that the resignation of the AG “proves the disobedience of the executive to the laws.”

Likes(0)Dislikes(0)

Cabinet passes regulation limiting ministers’ interactions with parliament

The cabinet has approved a new set of procedures governing its interactions with parliament.

“After discussing the draft Cabinet rules of procedure, the Cabinet passed relevant clauses for communications with the People’s Majlis,’’ said the president’s office in a statement last week.”

Foreign Minister Dr Ahmed Shaheed said the regulations “are quite important in terms of how the government will interact with parliament from now on. It draws a clear boundary.”

Referencing article 115 (f) of the Constitution, the new regulations state that a cabinet member can only be summoned to the parliament on mention of a the appropriate article in the constitution, and shall answer questions only during a parliament meeting.

Furthermore, cabinet ministers shall only answer to the parliament “if the cabinet minister is given the notice 14 days prior”,  and “shall only answer questions that the minister must according to the law on questioning ministers.”

Dhivehi Rayyithunge Party (DRP) Deputy Leader and MP Ali Waheed said the approved procedures were “against the spirit of the constitution” and would be void.

‘’Actually, parliament has yet to approve a cabinet. When a cabinet is established we will summon them to committee meetings as well –  ministers must appear before committees in the interest of the people – the constitution is very clear. Without doubt these new procedures are void – nobody can narrow the summoning of cabinet ministers to parliament.’’

However, Maldivian Democratic Party (MDP) MP Ahmed Shifaz said that according to the constitution, the reality for cabinet ministers was very different.

“It does not say that the ministers have to be present at committees hearings – the constitution says that ministers should be answerable to the parliament inside the parliament chamber, not in the committees,’’ said Shifaz.

He said that the opposition still had to approve the cabinet, and that otherwise summoning them for questioning was an act against parliamentary system.

‘’It is not the people who the opposition wish that should be in the president’s cabinet, it should be people appointed by the president,’’ he added.

Likes(0)Dislikes(0)

Salaf sends letter to police requesting information on alleged missionaries

Religious NGO Jamiyyathul Salaf yesterday sent a letter to the police, requesting Commissioner of Police Ahmed Faseeh to disclose information regarding alleged missionaries in the Maldives.

Salaf’s letter requested the commissioner disclose information on an alleged missionary couple who were caught by the Maldives Customs Services and deported.

‘’Two weeks after the couple was deported, another missionary was arrested in Baa Atoll, with Christian books written in Dhivehi, and you have said you were investigating the case,’’ the letter said. “Therefore, this NGO — which researches these people – has sent a letter requesting you share information about these cases from last year, October 29.’’

Salaf’s letter claimed the police did not replied to a earlier letter, in which they noted the arrest of another alleged missionary, named David Balk. Balk was previously living in Thaa Atoll Kinbidhoo last year, and left the Maldives on December 12.

“The aforementioned person mysteriously managed to flee the country. Jamiyyathul Salaf is very seriously concerned that adequate measurements are not taken against such crimes, and therefore, [police] are not providing the protection to the religion of Islam as stated under the constitution of the Maldives.’’

“We request you to reply to our recent letter and now that we have alleged that no lawful action was taken against people like David, and others who have violated the religious unity of the country and the constitution, and we request you investigate and reveal who was responsible for this.’’

‘’Furthermore,” wrote Salaf, “the above mentioned David was reportedly found recently in the Maldives, after the Immigration Department claimed he was deported. Therefore, we would like to inform you that this is also a case we are eager to investigate. Pictures of people who commit such unlawful crimes should be revealed to the media to alert the citizens of the Maldives.’’

Police Sub-Inspector Ahmed Shiyam said that police will not disclose information of an investigation to any party “unless it is a party to which police should disclose information.”

“Police always investigate and deport missionaries as soon as possible if they are expats,’’ said Shiyam. “If they are a Maldivian we will take necessary actions against them as well.’’

He said that all the missionary cases [mentioned] were investigated and that police took lawful action against the individuals concerned.

Likes(0)Dislikes(0)