Author: Mohamed Naahee

MDP to take confidence votes on leadership in “coup attempt”, claims MP

A resolution has been submitted to the Gaumee Majlis (National Council) of the Maldivian Democratic Party, demanding confidence votes in the party’s leadership.

The apparent factionalisation follows an attempt by Party President and former Fisheries Minister Dr Ibrahim Didi to introduce a shadow cabinet to the party.

The resolution called for a “confidence assessment” of all the members in the senior leadership of the party, and was forwarded by the party’s Chair of Elections Committee and former head of National Social Protection Agency (NSPA), Ibrahim Waheed.

The resolution submitted proposes that the national council take a confidence vote in the leadership of the party President Dr Ibrahim Didi, Vice President MP Alhan Fahmy, Interim Chairperson MP Moosa Manik and Deputy Chairperson (Finance) Ahmed Mausoom.

In a separate resolution, a motion of no confidence was forwarded against the party’s Secretary General Hassan Shah.

MP Alhan Fahmy has described the resolution as a “coup attempt” to depose him from his position as the party’s vice president following his reform attempts, he  told local newspaper Haveeru.

Fahmy stated that the resolution had been forwarded contrary to the MDP’s constitution.

He also said that he had been elected to the position with a higher number votes than the number of votes that the Party President, Dr Didi, and said he did not believe that such a motion could be forwarded to the national council.

According to article 30, clause (f) of the MDP’s constitution available on its website, the chapter describing the powers of the national council states it is able “to debate and assess the confidence of the President of the Party or the Vice President of the Party or the Chairperson or a Deputy Chairperson, if the members of the party submits a complaint in disapproving their actions.”

Fahmy was not responding to calls at time of press. However the sponsor of the resolution, Mohamed Waheed, said that he had submitted the resolution under the right given from the MDP Constitution.

“I submitted the resolution in accordance with the MDP Constitution. The reason for the submission was that some of the party’s leaders have been issuing statements and interviews against the MDP’s Constitution, after the coup on February 7,” he said.

Responding to MP Fahmy’s claims, Waheed said that Fahmy “should read the MDP constitution thoroughly. The party constitution gives me the right under the article 30. Reforms should be brought in accordance with the party constitution,” he said.

Party constitution manipulated?

Waheed alleged that some officials of the party leadership had manipulated the party’s constitution after it was passed at the party’s congress on October 2010.

“There was a committee selected to draft the party constitution. I was the chair of the committee. The other members were MP Mohamed Aslam, MP Mohamed Rasheed and former state minister of Youth Ministry Mohamed Hussain Rasheed ‘Bigey’,” Waheed said.

Waheed alleged that the version of the party’s constitution on in the party’s website was a ‘manipulated’ version.

“The current version [of the party constitution] that is available on website is not the original version that was passed in the congress.”

“I remember very clearly that the version that was originally passed in the congress did not include a party cabinet, and did not include the phrase that the party president was the highest authority when the party is in opposition,” he continued.

“During the congress the powers of the Party President and Vice President were delegated to the Chairperson and the Parliamentary Group leader. But the amendment to remove the post of party president and vice president did not pass, therefore the two positions remained as ceremonial positions since their powers had been delegated.

“But, the party constitution has now been manipulated and now includes stipulations that were not originally included in the party constitution. For instance, see the powers that are included for the party president in the version available on the party website. It contradictswith the powers of the chairperson,” Waheed added.

MDP President Dr Didi was not responding at time of press.

The MDP National Council is held a meeting at 5:00pm on Tuesday, however Minivan News understands that Waheed’s resolution was not on the agenda.

Former President Mohamed Nasheed is currently in the United States to promote the Island President, and meet with State Department officials. Other senior party figures such as Ibrahim ‘Ibra’ Ismail are in India meeting authorities to clarify the events of February 7 and seek support.

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MDP submits case of police brutality against MPs to IPU

The Maldivian Democratic Party (MDP) has submitted a case alleging police brutality against their parliamentarians to the Inter-Parliamentary Union (IPU).

The case has been filed with the IPU’s committee on the human rights of the parliamentarians, in the ongoing 126th IPU Assembly held at Kampala, Uganda.

MP Eva Abdullah, one of the delegates representing the Maldives in the conference earlier said that MDP would submit the case of police brutality that took place between February 7-8.

She had also said that apart from the police brutality that took place in February, she would also highlight ongoing police brutality against ordinary citizens in Male’.

The delegates participating in the IPU Assembly include Speaker of Parliament Abdullah Shahid, MDP MP Eva Abdullah, MDP MP and the party spokesperson Imtiyaz Fahmy, Dhivehi Rayyithunge Party (DRP) MP Yusuf Naseem and MP Ali Arif from Progressive party of the Maldives (PPM).

Speaking to Minivan News, MDP Spokesperson MP Hamid Abdul Ghafoor said that the MDP has been communicating with the IPU regarding the ongoing political situation.

“We have been regularly sending updates to the IPU. Eva and Imthiyaz who are the two delegates representing the MDP will speak on behalf of MDP.” Hamid said.

Local Newspaper Haveeru News reported that the case filed by MP Eva Abdullah has been scheduled for discussion on Sunday.

It also reported that IPU has invited the Maldivian government to participate in the discussions. Spokesperson of the President’s Office, Abbas Adil Riza, will set to represent the government in the discussions.

IPU delegates have visited the Maldives twice since the transfer of power that took place in the Maldives on February 7.

The organisation last visited the Maldives on March 17. MDP MPs prevented President Mohamed Waheed Hassan from giving his presidential address on the opening session of parliament on March 1.

During the visit, Martin Chungong, Director of Programmes for the IPU, told the gathered media that it was vital for parliament to preserve its integrity by continuing to function correctly as well as calling on all parties to avoid inciting or committing acts of violence during the session amidst the “political stand-off”.

The IPU is the world organisation of parliaments and was established in 1889. It works to foster coordination and exchange between representative institutions across the globe. The IPU also offers technical support to affiliated nations. The Maldives has been affiliated with the organization since 2005.

The IPU assembly is the principal statutory body that expresses the views of the IPU on political issues. It brings together parliamentarians to study international problems and make recommendations for action. The IPU assembly takes place once in every year.

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Criminal Court Judge acquits MP Adil citing lack of evidence

Criminal Court Judge has acquitted Maldivian Democratic Party (MDP) MP for Maradhoo constituency in Addu City,  Hassan Adil, from the charges of child abuse submitted by the state.

The judge said that the state had failed to present sufficient evidence as per the requirement of Article 47 of the Use of Special Procedures in Dealing with Child Abusers Act, and that therefore Adil was not guilty.

If he had been found guilty, Adil would have face imprisonment for a period between 10 to 14 years and would also have lost his seat in parliament.

According to the Maldives constitution, a parliamentarian loses his seat if he receives a criminal sentence of more than a year.

Article 3, clause (a) of the Use of Special Procedures in Dealing with Child Abusers Act states: “If a person touches a child with sexual intention, it is deemed as an offence.”

Clause (c) of the same article states: “If a person is guilty of the offence stipulated in clause (a), the punishment for the offence is imprisonment for a period of between 10 to 14 years.”

In order to find a person guilty of the charge, the state has to provide sufficient evidence according to article 47 of the act.

Police arrested Adil on 4th April 2011 with a court warrant, and on the next day extended his detention period for 15 days. He was later transferred to house arrest.

On June 12 last year the court granted the Prosecutor General (PG) permission to hold Adil in house arrest until the trial reached a conclusion.

However, Adil was later given conditional release from house arrest by the Criminal Court..

Police at the time alleged that Adil sexually abused a 13 year-old girl belonging to a family with whom he was close friends. The family of the victim had raised concerns over the delays in filing the case in court by the Prosecutor general.

MP Hassan Adil was originally elected to the parliament under the ticket of Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP), however he switched allegiance by defecting to then ruling Maldivian Democratic Party (MDP).

“I believe that the government is conducting many development projects at a high speed, and I signed with MDP for the development of my area at the request of [my constituents],” he said, speaking to Minivan News after switching sides.

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Parties to fight vigorously to win the by-elections on 14 April

Four by-elections announced by the Elections Commission will take place on April 14, with two seats in parliament and two island council seats being contested.

These include elections of councilors for the vacant seat in both Thaa Atoll Gaadhiffushi Island council and Haa Dhaal Atoll Kumundhoo island council, and the election of MPs for the parliament seats of Thaa Atoll Thimarafushi Constituency (formerly held by MDP MP Mohamed Musthafa) and Kaafu Atoll Kaashidhoo Constituency (formerly held by Independent MP Ismail Abdul Hameed).

The two MPs were unseated after the Supreme Court recently upheld court sentences against the pair, and disqualified them.

Former MDP MP Musthafa was unseated after Supreme Court on February 20 ruled in favor of a case lodged by the Interim Vice President of Progressive Party of Maldives (PPM), Umar Naseer, in which the court had found that Musthafa had an unpaid debt. Musthafa owed US$500,000 to the Bank of Credit and Commerce International (BCCI).

According to the Maldives Constitution, an MP with a legally proven unpaid debt who is found to be not paying the debt regularly will be disqualified as an MP.

Former Independent MP Hameed lost his seat after he was found guilty of a corruption case during his tenure in Male Municipality as a Director.

Hameed was found guilty of using his position as then Director of Male Municipality to buy a barge for the waste management unit, claiming that it had been received when it had not, and paying the remaining 50 percent of the bill to the company concerned.

The Criminal Court sentenced Hameed to to one and a half years banishment. According to the constitution, an elected MP loses his seat if the MP is found guilty of a criminal offence, and if the sentence counts to more than a year.

Political parties including the Dhivehi Rayyithunge Party (DRP), Progressive Party of Maldives (PPM), Jumhoree Party (JP) and Maldivian Democratic Party (MDP) have announced that their candidates will be contesting in the by-elections.

Two parties, the MDP and PPM, have fielded candidates for all four elections while DRP and JP have each fielded a candidate in one election.

However, PPM after fielding their candidate Mohamed Waheed for the Kaashidhoo constituency parliamentary seat, former lawyer of Ex President Maumoon Abdul Gayyoom , decided to support the JP candidate for the seat, business tycoon Abdulla Jabir, amid reports of internal conflict within the party over the decision.

The ‘out of favor’ candidate of PPM openly called in a PPM rally held recently that he would not support JP candidate Jabir, whilst the PPM’s leadership, including former president Maumoon Abdul Gayyoom, stated that PPM had fully backed Jabir for the sake of the “national interest”.

The unseated MP for Thimarafushi Constituency, Musthafa, has decided to re-run in the election for the same seat he lost, while PPM fielded former People’s Alliance (PA) and Elections Commission’s Secretary General Ahmed Shareef.

Two other parties had also filed their candidacy to the elections commission, which included the a lost candidate in the primary held by MDP to decide to whom the party ticket would be given.

The second candidate, prominent lawyer Abdullah Shair, who filed his candidacy as an independent, was rejected by the elections commission citing that he had not submitted the required documents within the specified time period. Shair has filed a case in High Court asking the court to order the Elections Commission to accept his candidacy.

Three candidates are contesting the island council by-election of Haa Dhaal Atoll Kumundhoo island. They are Abdul Hameed Abdul Kareem from DRP, Aishath Hassan from MDP and Mohamed Shaafee from PPM.

Two candidates are contesting the island council by-election of Thaa Atoll Gaadhiffushi island: Hussain Shiyaau from PPM and Mohamed Irushaad from MDP.

Both the MDP and the PPM have expressed confidence in winning the elections and are heavily campaigning for the seats.

DRP and other coalition partners of President Mohamed Waheed Hassan have backed the PPM candidate for the Thimarafushi Constituency parliamentary seat, and backed JP Candidate Abdullah Jaabir for Kaashidhoo Constituency Parliamentary seat.

The Elections Commission has also announced a by-election for the Noonu atoll Maafaru Island Council after the MDP Councilor Anwar Abdul Ghanee lost his seat after he was removed from the Party.

According to the law, a councilor loses his seat if he is removed from the party in which he had been elected.

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Revision of schoolbooks is politicising children: former Education Minister

Former Education Minister and former Chancellor of the Maldives National University, Dr Musthafa Luthfy, has condemned the Ministry of Education’s decision to revise the Social Studies textbook for grade 7 students.

The Education Development Center (EDC), which is run under the Education ministry, last week issued a circular ordering primary schools to amend the unit on the government and include the information regarding the recent power transfer that took place in the country.

The statement that the EDC has asked to include reads: “President Nasheed resigned on 7 February 2012 after three years and two months in office. Hence, according to the constitution, Vice-president Dr Mohamed Waheed Hassan Manik was sworn in as president.”

Speaking to Minivan News, Dr Luthfy alleged that the government is allowing young school children to become involved in the intense political debate over the legitimacy of Dr Mohamed Waheed Hassan’s government. He also raised suspicions that the decision may be due to some ‘political essence’ in the matter.

Dr Luthfy instead insisted the government be patient on the issue as it was highly sensitive and subject to controversy.

Dr Luthfy was previously a member of Dr Waheed’s Gaumee Ithihaad (GI) party, and is currently the Chair of the Maldivian Democractic Party (MDP)’s Select Committee on Education.

“We are asking the government to be patient as this a very controversial issue. This decision shows their impatience. What they are really doing is allowing young children to get involved in the ongoing political debate. That is not good. The book [after inclusion of the revised statement] reads as if nothing serious has happened and that the president just resigned, and the vice president succeeded in assuming presidency. But what is really happening is a bigger issue than that,” he said.

Dr Luthfy said that children would obviously be aware of the political crisis and that what they would read in the books was far too simplified and contradictory.

“A large proportion of people are questioning the legitimacy of the government. The parents of these children are already involved in the debate. It is being talked about on almost every corner, in shops, restaurants and everywhere. What the children read in the books is written down too simply. It is very contradicting for them,” Dr Luthfy said.

“I believe the state has an obligation to provide true and relevant information. Why can’t we have a little patience before writing down such a controversial issue? Aren’t we letting the children into this debate?” he questioned. “Our concern is not about changing what is already written in the books, but the involvement of children in the debates.”

“[The education ministry] could have written this at a later stage after a proper investigation of the power transfer.  They can’t change history, history will continue. What has happened cannot be concealed.”

The MDP had earlier released a statement condemning the Education Ministry’s decision. The statement said that that it was irresponsible of the education ministry to change the text books especially following a coup d’état, and without proper investigation it was misleading to include such a statement.

Speaking to Minivan News, Head of the Curriculum Division of the EDC, Dr Naashia Mohamed, said the EDC had a panel for each of the subjects taught in school and similarly, the panel responsible for the Social Studies subject had drafted the phrase to be included in the text book.

Asked about the comments made by Dr Musthafa Luthfy, she refused to comment.

State Minister of Education Imad Solih said he did not believe that all the details of what happened on February 7 had to be included in the textbook.

“I personally don’t believe that everything that happened has to be included in the book. The Social Studies textbook speaks about the President, so it is obvious that Dr Waheed is the president. It is the reality,” Solih said.

He also said that it was clear that President Nasheed had resigned, but the question being debated was whether it was forced or voluntary.

“Until a decision is made, Dr Waheed is still the president, and if anything changes that fact, they would bring the necessary changes,” he said.

Responding to Musthafa Luthfy’s comments on bringing school children into the debate, Solih acknowledged that there may be children at that age group who would discuss the issue, but he said that he saw it as a “secondary issue”.

Solih also said that the teachers were not investigators and were instead mandated to teach in line with a specific curriculum and guidelines, so they would teach from the curriculum.

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No negotiation on release of “criminals”: President’s Office

Spokesperson of the President’s Office, Abbas Adil Riza has said that the government welcomes Maldivian Democratic Party (MDP)’s decision to come to the negotiation table to discuss on the proposed roadmap and holding of an early election, in a press conference on Sunday.

“MDP has said that they are ready to join the talks and we welcome that. We are ready to negotiate on terms that would bring peace and stability in the country,” said Riza said in his opening statement.

However, Riza said that MDP should “stop acts of terrorism” and “vandalism of public property”. Riza said that the government would not tolerate such acts and will not negotiate over the release of suspected criminals  behind the attacks on public property during MDP protests.

“The government will not negotiate in releasing those arrested and charged for terrorism, will not let them be considered political prisoners,” Riza said.

Highlighting the All Party Peace Talks, which were initiated by the government to implement a roadmap to bring necessary institutional reforms and pave way for an early election, Riza claimed that the MDP has two main conditions.

“One is to announce a date to hold the early elections and second is to withdraw charges against those who have been arrested in the protests,” he said.

Abbas claimed the government was open to negotiation of the first proposition but would not negotiate on releasing those arrested and withdrawing the charges.

”MDP is asking us to release those arrested for damaging public property and vandalism, but we cannot, and will not do it as our criminal justice system does not allow it,” Riza stated. “The government won’t agree on illegal and unlawful terms such as releasing criminals.”

Asked by a journalist on what basis Riza had accused the MDP of the recent acts of vandalism, Riza said that the MDP had openly called for such actions in their political gatherings.

“We are saying that the MDP is calling for terrorism because they have openly called at the podium to incite violence and has encouraged the acts of terrorism,” he alleged.

“They called to damage public property, arson attacks, they discuss the methods of how to attack the police, they teach techniques of confronting the police, and these things are clearly forbidden by the terrorism prohibition act. These acts clearly satisfy the conditions to be considered as acts of terrorism,” Riza said.

Speaking to Minivan, MDP Spokesperson Imthiyaz Fahmy denied the allegations of terrorism against the party.

“That is a very unfair remark Abbas has made. If they are calling us terrorists, they are basically saying that the citizens of this country are terrorists. We are the largest political party in terms of membership and support base. We have the most number of MPs representing in the parliament as a single party.

“Those in the protests are people voicing their concerns, so if they are calling us terrorists, then they are labeling the people of the country as terrorists,” Fahmy said.

“If anyone looks rationally into what is happening in this country, it will be clear that they are the real terrorists,” he continued.

“They brought this coup, they raided the state broadcaster like terrorists, they set fire to the MDP  haruge (headquarters) and they even raided the Raalhugandu Area where we had peaceful protests. So who are the real terrorists?” questioned Fahmy.

Regarding Riza’s statement on MDP negotiating the release of suspects, Fahmy said, “The MDP is not asking to release criminals. We were asking for the release of those who have been arrested unfairly. There are people who are under police custody who have not indulged in any form of violence. They are not criminals.”

Fahmy also reiterated that MDP is a peaceful democratic party and that they will always be open to negotiate on issues. He also said that because MDP had decided to negotiate with the government did not mean that their stand has changed.

Instead he said that the stand of the party is very clear: “to make sure that any government ruling over the country is in power legitimately.”

The current government is not legitimate and the public wants an early election, he stated.

The MDP earlier condemned the recent attacks on police.

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MDP stages ‘simultaneous’ protests calling for early election

Maldivian Democratic Party (MDP) supporters last night staged simultaneous protests around the capital of Male’ calling for early elections and the resignation of President Mohamed Waheed Hassan.

The protesters had at first gathered  by the Justice Rally held near the Tsunami monument area, before later moving to different locations including the front of the residences of Parliamentary Speaker Abdullah Shahid and current Defence Minister Mohamed Nazim.

The protesters also chose to gather near Male’ City Council hall, which is close by to a residence of a senior police official.  Demonstrations were also said to have taken place in front of the home of the Progressive Party of the Maldives (PPM)’s Parliamentary Group Leader, Abdullah Yaameen Abdul Gayyoom.

Protesters who gathered up in front of Parliamentary Speaker Shahid’s residence claimed they were calling for him to not to let any “coup” leaders inside the parliament and not to corrupt the Majlis.

They also called the speaker not to obstruct a political solution and to find a way to hold an early election as soon as possible. There were reports of approximately 300 protesters gathering in front of the speaker’s home.

Meanwhile, protesters who gathered near the Male’ City Council hall called on the police to stop alleged brutality against ordinary people claiming the mandate of the police is to serve justly and not torture.

Protesters that gathered in front of Defense Minister Mohamed Nazim’s house, called for an impartial and independent investigation of the alleged “coup” that saw President Mohamed Nasheed “resign” from office.

Some of the protesters had also gathered in front of PPM’s parliamentary group leader Abdullah Yaameen’s residence calling for an investigation into an alleged US$800 million money laundering case in which Yaameen was implicated.

There were some verbal arguments between a group of around 10 to 15 people and protesters who had tried to obstruct the protests. However no violence reportedly took place.

Protesters travelling on motorbikes and about six pickups were witnessed riding around the city calling for early elections and the resignation of President Waheed.

Though there were no reports of serious violence or confrontations, PPM MP Dr Afrshim Ali’s car was allegedly attacked during the demonstrations.

Speaking to the local media, a police media official was quoted as saying that Afrashim reported a case to police stating that his car was attacked, an act he claimed was carried out by protesters during the course of last night’s protests.

According to local media, the unnamed police media official confirmed that the police was investigating the matter and so far nobody has been arrested.

Speaking to Minivan News, Police Media official Ahmed Shiyam said that there were complaints from the public that protests had caused some ‘disturbances’. He added that there had been reports of damage being done to both public and private property, including some police motorbikes.

Shiyam confirmed that the attack on Afrashim’s car was reported to police.

” We have got the report that MP Afrashim’s car was attacked. We will investigate all these reports and take the necessary action,” he said.

However,  MDP MP and spokesperson Imthiyaz Fahmy denied the allegations saying that individual involved in the protests did no such thing.

“We deny all those allegations. There are groups who commit such acts just to blame us. We have reason to believe these groups represent parties that support the Waheed government.” Fahmy claimed.

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Comment: Maldives’ solution lies on the negotiation table

As I have written previously, the events that unfolded on February 7, 2012, were surely among the darkest and most regrettable in Maldivian history.

Whether we like it or not, the government is now in the hands of elements that belonged to the three decade-long authoritarian rule of Maumoon Abdul Gayoom. President Waheed may be the face of this government, but however you look into it, you’ll see that he has neither the say nor the control of a president as outlined under the Maldivian constitution.

Instead, the likes of Yaameen (half brother of former President Gayoom), Gasim Ibrahim and Dr Hassan Saeed have assumed control of what was meant to be a government working to implement the Maldivian Democratic Party’s (MDP) manifesto, a document which the majority of the people had voted for in the presidential elections of 2008.

Regardless of the names on the ballot papers that helped secure the election for the MDP, the Maldivian people voted for the policy plans of the winning candidate, not for the face of the candidate or his running mate. This is a general political fact that revolves around any presidential election.

However, today what we see from President Waheed and his team is that they are determined to defy this fact. Every podium, every platform that Waheed’s government step onto, they keep on proclaiming that people had voted in the current president exactly the same way as they had for Nasheed, his deposed predecessor. All this, because Waheed’s name was on the ballot paper as Nasheed’s running mate.
In theory, this assumption by Waheed’s team may be partly correct. However, in practice, it is proven wrong by the results of the parliamentary and council elections that followed the MDP coming to power in 2008.

Waheed’s Gaumee Iththihaadh Party, which barely has two thousand or so members, had fielded candidates personally endorsed by him. Take for example, Ahmed Thaufeeq (Topy) – the current political advisor of Dr Waheed – who failed to secure a winning margin in both parliamentary and local council elections. These figures did not get elected to the parliament and only won a single seat in an island council out of more than a thousand seats contested across the country.

If Waheed had some semblance of political recognition, his party would have at least have an MP or two to sincerely count on in order to defend himself in parliament.  Instead he finds himself kneeling down to those that were practically the “enemies” of the ordinary people.
Regardless of the potential turmoil inside the top office of this country, hopes for an early election lie in compromise and negotiation on all sides.

Parliament has to convene, and a constitutional amendment seems to be the only viable path out of the two options available  for securing an early presidential election.

The second option is that Waheed resign on an agreed date and that Parliamentary Speaker Abdullah Shahid then take over the office as the de-facto President. This option has little or no chance of success given the fact that Waheed is steadfast in retaining his position.

Waheed’s concupiscence and appetite to remain in power has seemingly blinded him from seeing the large masses of people opposing him and his regime.  A regime opponents perceive to be filled with those heavily involved in bringing down the country’s first democratically elected president.

They have been continuously trying to spin the democracy protests in the false direction by labelling protesters as being among the ‘black sheep’ of society.

This is thanks in part to their very own TV stations and the use of public broadcasting services to promote their cause. Thus, the impact of civil disobedience and mass peaceful demonstrations would have a hard time reaching the rationale of Waheed or his government.
That leaves out the option of Waheed’s voluntary resignation for the sake of the people. Personally, I firmly believe that amending the constitution, the supreme set of rules which governs the state of the Maldives, is morally wrong just to find a quick political fix when there is no legal issues surrounding it. The way I see it, the purpose of having a powerful entrenchment mechanism over a constitution is to ensure that it cannot be changed or manipulated when a certain sect of the people wishes to do so.

But with Waheed’s hesitance to resign, early elections can only happen via a constitutional amendment.

The Maldivian Democratic Party (MDP), being at the forefront of calls to hold an early election, should go to the negotiation table with President Waheed in order to engage in a diplomatic dialogue that may pave way for a possible amendment of the constitution and early elections.

No matter how unethical it may seem, politically speaking, “cutting a deal with the devil” seems to be the only way forward in the current situation for the MDP – no matter how much they may detest the option.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Supreme Court rules in favour of Gayoom appointees to the former parliament

Supreme Court has ruled in favour of eight appointees to the 16th parliament on 13 March 2012, citing that their removal was unconstitutional and ordered the salaries of these appointees be paid from the time of their removal until the new parliament convened.

Formerly, the Maldives’ parliament had eight appointees to the parliament by the president, according to the old constitution. When former President Mohamed Nasheed was sworn in to the office, he removed the eight MPs appointed by his predecessor Gayoom and replaced them with his own set of appointees. This was before the parliament was elected under the new constitution. The election took place on March 9, 2009.

The removed appointees argued that their removal was against the newly ratified constitution of 2008’s article 294 and had initially filed the case in Supreme Court on 12 November 2008, by MP Rozaina Adam and MP Ahmed Mahloof, both who are currently sitting elected MPs.

The article 294 clause (a) of the constitution which is under the ‘Transitional Matters’ chapter states: “The People’s Majlis [Parliament] in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held, and election of members and assumption of office by the members.”

However the case was later sent to the Civil Court and the court ruled in favor of Nasheed’s government stating the president had the authority to remove the members and appoint his own until the first parliamentary elections is held under the ratified constitution.

The case was later appealed in the High Court on January 4, 2009. The High Court also supported the Civil Court’s verdict and upheld the ruling on 08 February 2009.

The parties then filed to appeal the case to Supreme Court on April 12, 2009.

In the Supreme Court Ruling, a 3 to 2 majority decision was reached by the five member bench which consisted of Chief Justice Ahmed Faiz Hussain, Justice Abdullah Saeed (former interim chief justice), Justice Abdullah Areef, Justice Ali Hameed Mohamed and Justice Dr Ahmed Abdullah Didi.

Chief Justice Ahmed Faiz Hussain and Justice Abdullah Areef had a deferring opinion which was in support of the High Court Ruling.

Nasheed removed the appointees on 11 November 2008, just a few hours after he was sworn in.

With the Supreme Court ruling, the 8 MPs will now be paid the salary of an MP from the time of their removal until the next parliament was elected on May 9, 2009.

According to the parliament secretariat, salary of an MP at the time of the removal of appointees was RF 62,500 (USD 4053).

If the former MPs are to be paid according to the Supreme court ruling, they are entitled to get the salary of seven months which would be counted from the day they were removed (11 November 2008) to the convening of the first session of the 17th parliament (27 May 2009).

This means each of these parties would receive a sum of RF 437,500 (US$28,372).

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