Judiciary the Maldives’ weakest link: Eurasia Review

The judiciary continues to be the weakest link in Maldives in its march towards democracy, writes Dr S Chandrasekharan for the Eurasia Review.

Except for the opposition MDP, no other political party appears to be concerned by the poor performance of the judiciary. What is more, the judicial commission, which is supposed to be the “watch dog” over functioning of the judiciary, appears to be highly politicised.

The rot started with the judicial commission allowing incompetent judges with inadequate qualifications to continue under the new constitution and the judicial commission itself is packed with representatives who had and continue to have political leanings.

On 28th of May, the Deputy leader of Jumhooree party Dr. Hussein Rasheed Hassan in one of the public meetings, defined ‘good governance’ as one where there is absolute rule of law, sound and professional, financial and political management, accountable, effective and transparent public institutions and in public spending.

But what Dr. Hassan failed to mention was that for good governance one needs a competent and independent judiciary packed with people of absolute integrity. Hassan’s own chief Gasim Ibrahim is a member of the judicial commission and is also an aspiring presidential candidate. It is no surprise therefore that there are allegations that some of the decisions of the Judicial Commission are “politically motivated”.

The case of suspension of the Chief Judge of High Court Ahmed Shareef by the Judicial Service Commission as a “precautionary” measure long after the supposed act, is yet another case and this only confirms that the rot that has set in the judicial system of the country cannot easily be eradicated.

The suspended High Court Chief Judge Ahmed Shareef filed a case challenging the suspension handed over to him by the JSC and sought an injunction. In the civil case filed, the Judge’s lawyer Husnu Suood, a former Attorney General in Nasheed’s regime has cited procedural irregularities including the presence at the meeting of the Judicial commission of a dishonoured Civil service Commission (CSC) President Mohamed Fahmy Hassan and the newly appointed Attorney General Aisahath Bisham whose appointment was yet to receive the approval of the parliament.

The High Court Judge who has been suspended had done his duty in temporarily halting of the hearings of the court against former President Nasheed who had accused the judicial Commission in exceeding its mandate in appointing the three member judges panel to the Hulumale Magistrate court that is hearing his case.

In a press conference the lawyer of Nasheed accused of the Commission of political motives behind the decision to suspend the Judge. The decision could also be perceived as a way to prevent a further delay of the case file by Nasheed.

In the same press conference, Suood further claimed that the presidential candidate of PPM, Abdulla Yameen Abdul Gayoom, the deputy speaker of Parliament and PPM MP Ahmed Nazim and reitred Supreme Court Judge Mujthaz Fahmy have long been in the business of influencing the judges and the verdicts they had been issuing.

Suood made an open accusation in the presence of the press corps that the “entire judiciary is under the influence of retired Judge Mujthaaz Fahmy. In a bid to serve the interests of two politicians ( he had named openly) the JSC was planning to juggle judges from court to court and even planned to give salary increments to certain judges.

Another instance cited by the amnesty international was the selective fast tracking of cases against the supporters of the opposition MDP. It alleged that throughout the year the authorities are said to have had “political bias” in fast tracking the procedure in the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute the police and other suspected of committing human rights abuses during the same protests.

There is a fear and a justified one that some of the vested interests of present regime and its “behind the scene supporters” may ensure that the “judicial process is used to prevent former president Nasheed from contesting. This needs to be watched.

Read more

Likes(0)Dislikes(0)

Religious NGO Al-Minhaj condemns Islamic Foundation President’s allegations against Sheikh Farreed

Local religious NGO Al-Minhaj has condemned allegations made by President of Islamic Foundation of Maldives (IFM) Ibrahim Fauzee that Sheikh Ibrahim Fareed had defrauded the religious NGO, reports local media.

In a statement issued to the media, Mihaj claimed the president of IFM was trying to discredit Sheikh Fareed “because he is a person respected and loved by the people”.

The NGO claimed the IFM president had misled people via the media and called on Fauzee to apologise and repent.

Fauzee recently alleged that Sheikh Fareed and Former Vice President of the Islamic Foundation of the Maldives (IFM) Mohamed Fauzee had defrauded the NGO, and claimed to have evidence he said he would provide to the media.

Following the allegations, Fareed and Mohamed Fauzee filed a defamation case at the Civil Court seeking payment of more than MVR 3 million (US$195,000) and a public apology from Ibrahim Fauzee on local media over three consecutive days.

Last Wednesday (June 12) Fauzee told Minivan News he had evidence to support the allegations including CCTV footage.

‘’They are worried because we can prove criminal charges against them,’’ he said, adding that he would release the footage to the press. “The story in the media is inaccurate.”

Fauzee said Sheikh Fareed had been dismissed from his position as Vice President of the Religious Council of IFM, and Mohamed Fauzee from the position of the NGO’s Vice Presidency following the matter.

Likes(0)Dislikes(0)

Finance Ministry requests suspension of vehicle domain number sales

The Ministry of Finance has requested authorities cease selling domain numbers for land vehicles pending an investigation into whether funds are being collected through the scheme in accordance to the Public Finance Act, local media has reported.

The suspension of domain numbers, an alternate form of registry for land vehicles, had been taken on advice from the attorney general, Transport Authority Chair Abdul Rasheed Nafiz has told Sun Online.

Nafiz said that a third sale phase for domain numbers was to have originally been announced this week, but had since been suspended due to the Finance Ministry’s request.

Finance Minister Abdulla Jihad had his phone switched off at time of press.

Domain numbers – a condensed, four digit format of vehicle registration – are sold through an online auction with starting prices of MVR 25,000 for cars and MVR 15,000 for motorcycles, according to local media.

Likes(7)Dislikes(2)

Attorney General’s Office to decide on Yacht Tours injunction appeal in “days”

The Attorney General’s Office (AGO) will announce in the “next few days” whether it will appeal an injunction preventing the state from taking over several properties operated by J Hotels and Resorts over a rent payment dispute.

Deputy Solicitor General Ahmed Usham told Minivan News today that the AGO was presently reviewing the Civil Court injunction issued earlier this month in order to decide whether to contest the matter.

“We have a time limit of 90 days – excluding public holidays – to file an appeal,” Usham said.

The government has sought to revoke the lease for Alidhoo Resort in Haa Alif Atoll and Kudarah Island Resort in South Alifu Atoll from J Hotels and Resorts’ parent company Yacht Tours Maldives since late last year.  The state had previously provided the operator a seven day period to hand over the properties.

However, Yacht Tours Maldives – formed by opposition Maldivian Democratic Party (MDP) MP Abdulla Jabir – has continued to contest the government’s right to reclaim the land.

In the Civil Court injunction issued on June 4 this year, the Ministry of Tourism Arts and Culture was told it could not take over the resorts until a final ruling had been made over the issue of unpaid rent claimed to be owed by Yacht Tours.

Yacht Tours Director Ibrahim Shiham last week accused the government of trying to come on to the Kudarah resort property on June 3 without a court warrant to take over the property, alleging authorities had sought to create a “political drama” out of the case.

The Tourism Ministry told local media at the time that Yacht Tours had continuously failed to pay back the rent and fines in installments as previously agreed following a first termination notice being sent.

Minivan News was awaiting a response from Tourism Minister Ahmed Adheeb at time of press.

Likes(0)Dislikes(0)

Yousuf Naseem second MP to leave DRP within 48 hours

MP Yousuf Naseem has today announced his decision to leave the government-aligned Dhivehi Rayyitunge Party (DRP), according to local media.

Yousuf told Sun Online that despite leaving the DRP, he had yet to decide which party he would now look to join. The MP said he would give his reasons for leaving the party at a later date.

“I did not leave the party because anything big happened. I have left the party, but have not decided on an ideology to accept next,” he was quoted as saying in local media.

Yousuf is the second MP to leave the DRP within the last 48 hours, following the announcement yesterday (June 10) by MP Ali Azim that he was defecting to the MDP.

“It is time for me to move forward,” he wrote via Twitter at the time.

Azim’s decision to leave the DRP was announced the same day the party’s leader Ahmed Thasmeen Ali was unveiled as President Dr Mohamed Waheed’s running mate for September’s election.

This week’s departures from the DRP have left the party with nine MPs within parliament, local media has reported.

In April this year, Parliamentary Speaker Abdulla Shahid announced he was joining the MDP – days after resigning from the DRP.

Just a month earlier, Nolhivarum constituency MP Mohamed ‘Colonel’ Nasheed announced he had opted to join the DRP from the MDP.

Likes(0)Dislikes(0)

Parliament grants elections commission further MVR 9 million

Parliament has approved a further MVR 9 million (US$584,000) to the Elections Commission, ahead of presidential elections scheduled for September, reports local media.

EC President Fuad Thaufeeq told parliament’s finance committee that the first round of the election would cost MVR 37 million (US$2.4 million) to hold, with a further MVR 17 million (US$1.1 million) needed in the event of a run-off second round.

The EC had already spent MVR 13.4 million (US$869,000) of the MVR 59 million (US$3.8 million) budget approved by parliament, he said.

The committee approved the EC’s request for a further MVR 9 million, with the EC in return pledging to cut down on costs and use ferry services where possible.

Likes(0)Dislikes(0)

MPs vote against transferring immigration department under defence ministry

MPs today voted 27-23 against approving President Dr Mohamed Waheed’s decision to transfer the department of immigration and emigration under the defence ministry.

During the debate on the request by the President’s Office to endorse the changes to the defence ministry’s mandate, MP Mohamed Rasheed of the opposition Maldivian Democratic Party (MDP) proposed a motion against approving the changes.

The motion was carried with 27 votes in favour, 23 against and one abstention.

MDP MPs contended that the transfer of the immigration department in December 2012 contravened the constitution. The department was functioning under the home ministry at the time.

Likes(0)Dislikes(0)

NGO to launch 2013 Ramazan Collection for Children’s Shelters from June 16

Local NGO Advocating the Rights of Children (ARC) is set to launch its latest annual Ramazan Collection for Children’s Shelters later this month, requesting donations of food, sports equipment, toiletries and clothing from the public.

Starting from June 16, the organisation is requesting gift donations for 90 children aged between 0 and 18 years of age, who presently live in the shelters of Kudakudhinge Hiya, Amaan Hiya (Villimale’) and the Education and Training Centre for Children (Maafushi).

ARC has said it will be accepting donations at its Male’ office on Alikilegefaanu Magu from Sunday up to July 4, 2013 . Donations will be accepted during this period from 3:00pm to 6:00pm Sunday to Thursdays, and 2:00pm to 6:00pm on Saturdays.

The NGO has said that it would gratefully accept food and toiletries as well as new or gently used arts supplies and stationery, toys and sports equipment, as well as clothing and prayer items.

“Thanks to the community’s generosity, ARC’s previous collections were a great success and the children look forward to it every year,” the NGO said in a statement. “No act of kindness, no matter how small, is ever wasted, and your gifts given in the spirit of Ramazan will bring much joy to the children.”

Further information on the Ramazan collection is available online through ARC’s website, or by calling the NGO on 784 0360 during collection hours.

Likes(0)Dislikes(0)

MMA issues warning over counterfeit currency

The Maldives Monetary Authority (MMA) has warned the public to be vigilant over the circulation of counterfeit MVR 100 and MVR 500 notes.

The notes in question are said to be of inferior quality to the genuine currency, notably in terms of the paper on which they are printed, according to a statement (Dhivehi) issued by the financial body.

Members of the public who have acquired any suspicious notes are requested to bring them to the MMA to ensure they are authentic.

An official helpline, which can be reached by dialling 333 1793, has also been established for anyone with concerns over the counterfeit notes.

Likes(0)Dislikes(0)