JSC President deserts emergency meeting, refuses to adopt House Rules

The Chair of the Judicial Service Commission (JSC) deserted an emergency meeting of the JSC Thursday night, refusing to meet members’ demands for adoption of the Commission’s House Rules as a matter of high priority.

The JSC’s deadline for adopting House Rules, as stipulated in Article 40 of the Judicial Service Commission Act, expired ten months ago on 26 January of this year.

Without House Rules, the Commission’s work has no set standards of procedure according to which to carry out its responsibilities, allowing for Commission business to be conducted on an ad hoc basis, and according to the discretion of the Chair himself.

JSC is the independent body Constitutionally mandated with oversight of the country’s judiciary. It is responsible for maintaining the standards, principles, ethics and discipline of members of the judiciary.

Chair of the JSC Supreme Court Justice Adam Abdulla convened Thursday’s emergency meeting, which he later deserted, to discuss the impending departure of three Chief Judges who are travelling abroad to finesse their English Language skills.

The JSC is required to appoint substitute Chief Judges to replace any that leave their post on a temporary or permanent basis.

Four members of the JSC, however, refused to discuss the substitutes’ appointments unless Justice Abdulla acceded to their requests to put House Rules adoption at the top of the Commission’s agenda when it meets later today.

Justice Abdulla refused the demand of the dissenting members who included the Attorney General Ali Sawad, JSC Lawyer Ahmed Rasheed, Member of the General Public, and President’s Member Aishath Velezinee. He chose to abandon the meeting instead.

Criminal Court Chief Judge Abdullah Didi, one of the three judges scheduled to travel to India yesterday to brush up their English Language skills, joined Justice Abdulla in the walkout.

In a leaked audio recording of Thursday’s meeting listened to by Minivan, Chief Judge Didi is heard urging Justice Abdulla to leave saying, “Let’s go. Nothing can be done in this place. Let’s leave, Adam”.

The two men then walked out of the meeting. Both the matter of the House Rules and the matter of appointing substitute judges to stand in for those taking English lessons remain yet to be addressed.

Minivan has learned this morning that Criminal Court Chief Judge Abdulla Mohamed remained in Male’, foregoing the English language training after the JSC’s failure to appoint his substitute.

The two jurisdictions without a magistrate, however, could remain a legal limbo until the JSC appoints substitutes.

Chief Judge of the Criminal Court Abdulla Mohamed is one of the six judges under official investigation by the JSC for alleged misconduct

So far the Investigating Committee of the JSC appointed to look into allegations against Judge Didi has spent over a Rf100,000 solely on reimbursing its members for their attendance. The Investigating Committee, too, is yet to adopt any House Rules.

Before deserting the meeting Justice Abdulla told the dissenting members of the Commission that nobody had the authority to impose conditions on him, as stated in a press release issued by the JSC on Thursday night.

JSC regulations state that any matter which the Commission, or any member of the Commission, wishes to include in the agenda of its meeting should be duly included in the agenda.

When contacted by the media subsequent to the JSC press release, Justice Abdulla said he walked out because he could not tolerate what he described as “the vulgar behaviour of Velezinee”.

Justice Abdullah did not mention that three members of the JSC other than Velezinee, including the Attorney General, had joined together in demanding the adoption of House Rules as a matter of urgency.

Placing the blame squarely on Velezinee’s behaviour, he told the media she had “belittled the importance of the meeting” and accused her of being a disruptive force in the Commission’s work.

“Yes, I do try and disrupt the ‘work’ that they do”, Velezinee said. “They are not carrying out the responsibilities as required by the Constitution. It is my duty, and the obligation of every member of the JSC, to ensure that the JSC performs its proper functions.”

Velezinee said certain members of the JSC appear to have a false perception of the Commission as “a welfare organisation for members of the judiciary with the oversight to ensure their individual and collective well being”.

Justice Abdulla’s claims that Velezinee’s behaviour forced him to leave the proceedings contradict the press release by JSC, and also the proceedings as heard in the leaked audiotape.

When referred to the the JSC press release, which had been issued after his desertion and of which he was not aware until contacted by the media, Justice Abdulla told Haveeru that it was not a valid document as it had been issued without a required approval of the majority.

After the recent controversy over Article 285 of the Constitution and the re-assembling of JSC at the end of August, however, JSC had approved three senior Secretariat staff as media spokespersons with the authority to brief the media.

Dismissing Justice Abdulla’s claims as a frequently used strategy of “character assassination to deflect attention from the JSC’s sustained negligence of its Constitutional responsibilities”, Velezinee listed a variety of issues deliberately left out of the JSC agenda.

“Adopting the House Rules and other regulations required of the Commission under the JSC Act, appointing Justices to the High Court, and appointing a Secretary General to JSC”, she said, are vitally important issues that are yet to receive any attention.

Velezinee said that without House Rules the JSC has not been able to perform some of its chief responsibilities such as preventing impunity among judges and building public confidence in the judiciary.

The Complaints Commission of the JSC, mandated to examine complaints against members of the Judiciary, for instance, has met only once in the last five months despite having over a hundred complaints awaiting its examination.

To date JSC has not settled a single complaint it has received regarding the conduct of a judge.

Minivan has also learnt that Judge Abdulla ignored requests by the US Embassy and Commonwealth delegations to meet with the Commission, and failed to inform Commission members of such requests.

The 10-member JSC voted Justice Abdulla as Chair with five votes, while waiting to decide whether or not to investigate his involvement in the High Court Declaration of 21 January 2010.

The Declaration removed High Court Chief Justice Abdul Ghani from JSC accusing him of misconduct and installed Justice Abdulla as head of JSC.

Meanwhile, Justice Abdulla moved up to the Supreme Court, vacating the High Court seat in the JSC. To the seat was returned Chief Justice Abdul Ghani, who had been removed from the JSC by the High Court Declaration only months previously.

The allegations of misconduct against Chief Justice Abdul Ghani have not come to the fore since his re-instalment at the JSC.

A report of the International Commission of Jurists (ICJ) is due out soon, revealing the findings of its visit to the Maldives last month. The ICJ delegation was lead by former UN Special Rapporteur on the Independence of Judges and Lawyers, Dr Leandor Despuoy.

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Sharia-compliant Islamic bank to open in Maldives

Malaysian news agency Bernama reports that an agreement has been signed between the Islamic Banking and Finance Institute Malaysia (IBFIM) and the Maldives Islamic Bank to develop Shariah-compliant banking services in the country.

The agreement binds both parties to co-develop Islamic finance in Maldives through extensive study of Maldives’ legal and banking framework “to create a harmonious environment for the growth of Islamic finance”, Bernama reported.

The Maldives Monetary Authority (MMA) has issued a license to the Maldives Islamic Bank, making it the country’s first Islamic bank. Jeddah-based Islamic Corporation for the Development of the Private Sector (ICD), a subsidiary of Islamic Development Bank (IDB) hold 70 percent stake in the bank and the remainder will be held by the government of Maldives.

Sharia prohibits the payment or acceptance of interest fees for loans of money. In the case of a mortgage, a Sharia-compliant bank may instead buy a property for the customer and then sell it back to them at a profit.

Shariah-compliant assets reached about $400 billion worldwide in 2009.

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President to visit Singapore and discuss business activities

President Nasheed will fly to Singapore on Saturday to meet the Singaporean government and discuss Maldivian business being conducted in the country.

The President’s office did not disclose details of what be discussed during the visit, Haveeru reported.

Singapore is popular financial hub for large Maldivian businesses, including the State Trading Organisation (STO) and the Maldives National Shipping Limited (MNSL).

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Two injured in motorcycle accident near swimming track

Two people were admitted to intensive care after a motorcycle and a car collided near Hakatha Petrol Shed and the swimming tracks on Saturday morning.

Haveeru reported that the boy was unconscious and bleeding when he was placed in a private car to be taken to Indira Gandhi Memorial Hospital (IGMH), while injuries to the girl were “unclear”.

She was taken to the hospital in the taxi involved in the accident.

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Seven arrested in police raid on house, 24 bottles of alcohol found

Police have arrested seven men after confiscating two cases of liquor in a Maafannu house.

Haveeru reported that police blocked nearby roads and raided Maafaanu Georgia on Thursday evening, discovering 24 bottles of alcohol.

A Bangaladeshi man was questioned last week after a large stash of alcohol was discovered on a boat anchored in Male’, Haveeru added.

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Cat idol and human remains found in Fuvammulah

A box containing cowry shells and a cat-like idol was discovered next to human remains in Fuvammulah, while local islanders were digging an area to prepare for tree planting.

“The one-foot long box was filled with cowry shells. The idol looks like a cat or such an animal. We think the box is very old,” Fuvammulah Councillor Hassan Saeed told Haveeru, which published a photo of the find.

Saeed said he believed the box predated the Maldives’ conversion to Islam, and would be delivered to the Province office for further study.

The site near ‘Bodu Haviththa’, an area protected by the Former Centre for Linguistics and Historical Research, was being dug to plant trees “to prevent people from playing football”, said Saeed.

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Dialysis patient and life skills trainer vows “to fight to the last moment”

“I was in shock, didn’t even know how to cry,” says Abdullah Musthaq, 33, of the fateful day in May when he was told that both his kidneys had failed.

The tears did come, and with it concern about his four year old daughter. “I thought of who would take care of her after I’m gone, who would help her achieve things in life.”

These thoughts are no longer what preoccupy Musthaq. “The first day when I got the news was the only day when my mind vacillated, between hope and despair.”

Dressed in a black shirt, sitting in his modest sitting room, Musthaq is the epitome of an upbeat person. He is often asked how he manages to stay so positive in the face of such adversity. “I decided that I will do all it takes to get better, that I would fight until the last moment.”

Mustfaq at a training session

Using educational skills

Musthaq credits his educational skill and his area of work for his positive attitude. He is a trainer of life skills: “I teach people parenting skills, on how to have a positive attitude and build confidence.”

The news that he was at the last stage of renal disease came as a surprise to him. On his way to India on a personal trip, he experienced swollen feet and was diagnosed at KIM’s hospital. “The doctors in India told me that I would have had symptoms before.”

The symptoms were there, feeling tired, swelling feet, nausea but the kidney problem was not diagnosed. Musthaq would rather not dwell on that.

“I am at peace, I am thankful to God that I am a beneficial person to the society and that I can contribute positively.”

Since the age of 12 Musthaq has been in the education field; as a student he gave tuition to younger kids, and later he took up teaching professionally at the age of 22. He also works as a counselor at AMDC clinic.

His teachings has touched many among them Zaeema Mohamed. “My life had changed dramatically for the better since I took part in Musthaq’s workshops,” says Zaeema who took part in a parenting skills and leadership skills workshops. “I feel it’s my duty to help him now.”

Zaeema volunteers with 19 students and friends in helping to raise money for Musthaq’s treatment.

Hope for survival

Musthaq’s only hope of survival is a kidney transplant. The costs for the transplant, including the stay in Sri Lanka, is US$45,000, but volunteers have already raised 53 percent of the amount from a generous public.

Musthaq’s wife says she couldn’t have faced the situation at all if it had been her. “He is very brave; even the dialysis is painful process.”

Dialysis is a thrice weekly thing for Musthaq. Two needles are inserted to his arm, one into a vein and another into an artery. Musthaq doesn’t numb his arm as the doctor says that it’s better to do it that way.

He often gives pep talks to other patients on dialysis if they seem distressed. “I try to give them hope, ask them to fight.”

“Musthaq has used his education and the knowledge he uses in his training on himself, that’s why he is able to be a fighter and stay positive, with strength God gives him,” says Hussain Abdullah ‘Kendhoo’, coordinator of the ‘Help Musthaq’ movement, and his friend.

Kendhoo worked as a fellow teacher with Musthaq in the 90’s. He lost touch with Musthaq and says he bumped into Musthaq upon his return from studies abroad and found out about his illness.

“I can’t give financial help, so I thought this was one way I could help out.”

Kendhoo floated the idea of a voluntary team. With their wives in tow, Kendhoo and Musthaq had the initial meeting with friend’s and students who wanted to volunteer. Now the team meets every night that Musthaq is not on dialysis.

“We don’t have any administrative costs, each volunteer pays for their own phone calls and any other expenses, whatever we raise is kept for Musthaq’s treatment.”

The team sells badges and T-shirts, but their main aim is workshops to improve people’s lives.

Musthaq and Kendhoo both wanted to link the activities to education. “I want to impart the knowledge I have, for the donations” says Musthaq, adding that he would like people to be able to deal with life’s hardships in a good way. “If people accept that in life anything could happen, that you might fall ill, if that acceptance is there you will be more ready to face whatever hurdles that come your way in a positive fashion.”

Kendhoo says Mushtaq’s attitude is impressive, “If we have a headache most of us would skip work. Musthaq in his condition still works as a counselor, and you have to have inner strength to do that.”

A professional accountant, Kendhoo plans to get a local firm to do an audit of the money they have raised. “We will publish everything on our website so that the public won’t lose trust in movements like these, because there are others that still need help.”

Next on Musthaq’s agenda is just that. “Once I get better I would like to start an association to help the dozens of patients who are in the same situation as me.”

A seminar on ‘Ulitmate successful living’ by Ahmed Musthaq will take place on Saturday October 23 at Dharubaaruge from 20:30pm to 22:30pm. Seminar will be conducted in Dhivehi. For tickets and information please call 797 7353 or 998 6244.

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Embrace local foodstuffs and “grow what wants to grow”: Monty Don

The Maldives – along with the rest of the world – needs to grow, eat and appreciate local food, says famous UK broadcaster and horticulturalist Monty Don.

Don was one of the big-name writers at the Hay Festival on Aarah last weekend, and as President of the Soil Association in the UK, is one of the outspoken architects of the ‘organic food’ movement.

“There are now a tiny handful of firms who control certain basic products like soy and beef,” Don said. “The organic movement is intended to counteract that, by saying you can maintain and sustain productivity by working with nature, rather than imposing short term fertility on it.”

Embracing this concept means embracing local foodstuffs, Don explained, and “growing what wants to grow in a place.”

Producing sustainable food supplies in an island nation such as the Maldives only something that could be achieved “with very great difficulty” he acknowledged.

“But there’s a phrase that runs through my head – ‘learn how to live where you live.’ You need to tune in with the realities of a place, because as soon as you forget those guidelines, which are dictated by place not society – I think you get into trouble.”

As land was a precious resource in the Maldives, Don suggested, “obviously the sea is going to be the key to food sustainability.”

“I wouldn’t presume to tell people in the Maldives how to live, and I’m always worried when people apply systems that work great in California or the Home Counties of England, when locally people are saying ‘but this is how we’ve done it for generations’.”

But a country like the Maldives could be open to ideas from other agriculturally-challenged regions, he suggested.

People living on the rocky isle of Aran off the coast of Ireland had fed themselves for centuries by making their own soil from seaweed and sand, “just fertile enough to grow crops.”

“It’s a very laborious system, but it worked there, and was the most reasonable way cultivating that land,” he suggested.

Similarly, Don recounted an experience travelling down the Amazon river in South America, where locals, constrained from planting by sheer cliffs of jungle on either sides of the rivers many tributaries, had made gardens in boats which they pulled behind them, with soil in baskets, fruit trees and animals to provide manure.

A country faces many risks if it becomes divorced from its food supply, Don said, referring to Cuba’s oil crisis in 1991.

“Their oil dried up because it all came from Soviet Union,” he said. “Overnight there was no oil and no exports,” he said.

With the mechanised agriculture industry crippled, people had to grow thing themselves, Don said. They were forced to grow food organically “because they didn’t have any other choice – they didn’t have any pesticides or chemical fertilisers.”

“The hardest thing to do in Cuba was tilling the ground. Spades are a lot of work, and to feed a nation, spades are not enough. So they had to use oxen, and for that they needed to handle oxen. I keep cattle, and if cattle don’t want to do something, you can’t do anything about it. If you want to harness them you need skill, and so they had to go to the old men – it was only men over 80 who knew how.”

This was, he said, a vital lesson: “Don’t trade knowledge in for consumer products. Hang onto these skills, even if they don’t seen immediately applicable, because if you lose them they are gone and you don’t get them back.”

“One of the problems we have in our modern western world is we don’t have to do anything – we don’t own our lives. We don’t have to do anything, so we are not responsible for anything. We don’t know how to feed ourselves, we hardly know how to cloth our ourselves – we certainly don’t know how to make our clothes.

“We can log onto the internet anywhere and make huge sums of money, we but don’t know how to do anything.”

Such disconnection from the process of survival had other effects, Don proposed.

“I went to see my doctor in my little country town in England, and he said in passing that it had the worst heroin problem in Britain. I nearly fell off my seat.”

“It struck me – why in such beautiful countryside where people using drugs – it was because there was nothing for them to do, because agriculture had changed, and now on a British farm of 800 acres you only need one person, where as 30 years ago you would have needed up to eight. Where there is no connection to place there is no culture, and it struck me that in our society obsessed with physical health we never talk about social health.”

Demand and supply

An audience member observed that the Maldives was subject to the whims and food habits of the foreign visitors its income relies upon.

“I regard it as practically disastrous and certainly not viable in the long term to try and cater for a global idea of what is good or desirable food,” Don replied. “It is a bad idea on lots of levels – if you grow what wants to grow in a place, it will be more nutritious. Plants adapt very well – this is why weeds are so successful. Plants that grow well in a location take in more nutrients, are better for you, and are more resistant to attacks and diseases.”

“At the same time the economy depends on tourism, and the tourist says he wants eggs and bacon for breakfast. The resort I am staying at, Soneva Gili, is doing very interesting things with sustainability, and is working very hard on it – but the food caters for an international audience. Last night was Mediterranean night.

“I would much rather see Maldivian people eating Maldivian food and being proud of it. As a traveller, I always want to eat what the locals eat, because that’s a large part of the experience. I ask any indigenous people – and this applies to Britain as well: ‘Be proud of what you do, and do it well, because it’s important for you, it’s important for the visitor, and I think it’s very important for the ecology too.”

The western concept of eating “whatever you want, whenever you want, for cheap,” was destructive and unsustainable, Don said.

“I think we have to get used to the idea that we don’t have this right. We have a right to be treated with respect, we right to not be hungry, but we sometimes have to go without for the sake of sustainability.”

He acknowledged that the growing use of food as a status symbol, rather than a staple of survival, was challenge the ‘local food’ concept had to overcome.

“How do you persuade enormously wealthy countries like China and America not to use food as a display of their wealth?” he asked.

The problem was that treating food as something aspirational divorced it of place and meaning, Don suggested.

“One of my pet hates is five star restaurants that serve food from the other side of the world that has no meaning, simply because it is expensive, or because a particular chef wanted to flex his testosterone in front of me.

“Meat is a good example – as a world we have to eat less meat. It’s interesting that China’s demand for beef is so great because it is a measure of money – that you can buy yourself out of the immediate predicament and any responsibility.

“It is the same as the story of the hedge-fund manager who goes into a restaurant and says ‘I don’t want to look at a menu – I want this and I want it now. I don’t care what you charge me.’ This is the way industrial nations behave

“You have to persuade people to care – to be responsible, to stop being infantile, to grow up and stop strutting around. By acting as little pockets of truculent people demanding stuff because we can, we sidestep the problem.”

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Family Court seeks marriage registrars – women need not apply

The Family Court is looking for twenty marriage registrars. The conditions are that they be graduate followers of Sunni Islam, in possession of a sound mind, lacking a criminal record and, male.

Article 142 of the Constitution states that judges should consider Islamic Shari’ah when deciding on matters on which the Constitution or the law is silent.

On the issue of discrimination, the Constitution is clear. Article 17 prohibits discrimination against anyone on the basis of their gender while Article 20 states that ‘every individual is equal before and under the law’.

Hassan Saeed, Chief Judge of the Family Court, and his deputy, Hassan Shafeeu were both unavailable for comment throughout the day.

Deputy Minister of Islamic Affairs Ahmed Shaheem, an expert on Shar’iah, told Minivan that he would need more time to study the issue before commenting.

Shaheem also stated that he was unaware of a woman having been appointed as a registrar of Muslim marriages in any Islamic country.

The first Muslim female marriage registrar (maazouna) in the Islamic world was appointed in Egypt in October 2008, where the Constitution also enshrines the equality of men and women.

The then 34-year-old Master’s graduate in law, Amal Suleiman Afifi, was the first female marriage registrar in the Middle East, and as suggested by Egyptian press at the time, possibly the first in the Islamic world.

Despite the qualifications of Afifi, whose educational background was far superior to all other applicants, her appointment as a registrar was a contentious issue.

After a long legal battle and a religious edict (fatwa) from Egypt’s Grand Mufti Ali Gomaa, one of the world’s most recognised Islamic scholars, the issue was finally resolved in Afifi’s favour.

Gomaa’s fatwa declared there are no restrictions in Islam on women to act as marriage registrars.

Speaking to Egyptian newspaper, Al-Ahram Weekly, Gomaa said that in Islam a marriage registrar is a mere administrator, whose role was developed by the state to manage records and guarantee the legitimate rights of the parties concerned.

The maazoun, as he explained, has nothing to do with the pillars of the Islamic marriage. Therefore a woman’s signature on the contract does not violate Sharia.

Most of the objections to the appointment of a woman to the job of a marriage registrar were centred around the fact that in Islam, not one woman but two are required for the role of one witness.

Grand Mufti Gomaa’s ruling was that in executing the role of a marriage registrar, Afifi should not be considered a witness, but rather an official. As such, her signature on the contract does not in any way contravene the rules of Islam.

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