Month: December 2010

JSC to show Civil Court samples of its extra-constitutional complaints procedure

The Judicial Service Commission (JSC) has been asked by Civil Court to provide examples of its use of a self-modified procedure for investigating complaints against the judiciary as an alternative to Constitutional stipulations, in defence against allegations of negligence.

The JSC is currently defending itself against allegations of professional negligence made by Treasure Island Limited, which accuses the Commission of failing in its Constitutional duty to uphold ethical and disciplinary standards of the judiciary.

Judge Nihayath, who is overseeing the case, asked the JSC yesterday to submit “two or three” examples to Civil Court in order to demonstrate how a proposed alternative to Constitutional procedure was being used to deal with complaints.

Judge Nihayath has not yet received an answer from the JSC to her inquiry about the number of complaints the commission has received and agreed to cancel a hearing scheduled for this morning until December 27, 2010.

The negligence case focuses on three separate complaints made to the JSC last year, which Treasure Island alleges related to misconduct by a number of judges, including some prominent figures of the tourism industry, over a sum of money amounting to over a million US dollars.

JSC legal representative Abdul Faththah told the court at last week’s sitting that Constitutional stipulations regarding how the JSC dealt with complaints were very “time-consuming”, leading to new procedures being adopted.

At the time of the complaints in 2009, he said, the Commission was experiencing a lot of housekeeping problems and Members’ time was valuable.

As an independent body set up by the 2008 Constitution with the mandate to maintain the ethical and disciplinary standards of the judiciary, the JSC is required to put any decision regarding a complaint against the judiciary to a members vote.

Article 163 stipulates that it is only by consensus or, failing that, a majority decision of the 10 member Commission, that any such decision can be taken. It is also required to maintain a record of every such decision, and how each member voted.

Instead, the JSC revealed last week that it had set up an alternative mechanism that Faththah described as a process of “administrative screening”.

The alternative process is said to have constituted all complaints being “administratively” pre-screened by the JSC Chair who, acting on his own, decided whether or not they contained allegations of judiciary misconduct.

Only complaints hand-picked by the JSC Chair were passed on to members for their deliberation or decision.

Valuable time was saved by the modified procedure, Faththah told the court. He also told Judge Nihayath that existence of the “administrative screening” process was proof that JSC did not have a specific mechanism in place for dealing with complaints, as had been alleged by Treasure Island.

Treasure Island has accused the JSC of arbitrarily dismissing its complaints of misconduct against two judges, therefore failing in its Constitutional duty to uphold the ethical and disciplinary standards of the country.

The court earlier agreed to Treasure Island’s submission that JSC be made to produce documentary evidence of having followed proper procedures in dismissing its complaints of misconduct against Interim Supreme Court Justice Mujthaz Fahmy and Civil Court Judge Ali Naseer.

JSC was asked to provide the court with the minutes and agendas of the meetings where the decisions were put to a members’ vote, and also the records of how they voted.

JSC was unable to provide the evidence at last week’s hearing. Faththah told the court of an alternative system of “administrative screening” instead.

Judge Nihayath asked the JSC yesterday to submit to court a sample amount of “two or three” other complaints dealt with according to the extra-constitutional procedure.

An answer from the JSC to her inquiry about the number of complaints the commission has received was not made available as of this morning.

Judge Nihayath was expected to rule today on whether or not to summon as witnesses the Speaker of Parliament, Abdulla Shahid, former Attorney General Husnu al-Suood, former Civil Service Commission Chair Dr Mohamed Latheef, and High Court Chief Judge Abdul Ghani Mohamed.

The decision was deferred to the next hearing on 27 December after Judge Nihayath acceded to Faththah’s request to cancel today’s hearing.

Faththah said the Judge’s 40-minute delay in starting the procedures meant he would be late for a funeral prayer at noon. The hearing had been scheduled for 11am.

Treasure Island had also asked the court to summon Member Aishath Velezinee as a witness; a request that was rejected outright on grounds that she had been present at all preceding hearings.

Judge Nihayath had also rejected an earlier application by Velezinee for Third Party entry to provide information she alleged the JSC was withholding from the court.

The JSC rejected 122 complaints in 2009. Of over 140 complaints received since the beginning of the year, none have been investigated.

The JSC also faces allegations that it has failed to adopt a standard of procedure by which its behaviour is bound, an issue that has caused deep internal division with the Commission. The JSC Act required the standards of procedure to have been adopted by last January.

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Police take hospital DNA samples in abandoned baby case: report

Police have reportedly taken the DNA samples of three women from Indira Gandhi Memorial Hospital (IGMH) as they continue to try and investigate the case of a newborn baby found abandoned on a beach in Hulhumale’ last month, Haveeru has reported.

The paper’s online addition claimed a “reliable source” at the hospital had confirmed that the samples had been taken from three females suspected to be linked to the case, with another two samples expected to be taken from two women between the age of 18 and 25 living in Hulhumale’.

The Police Service has not confirmed that they had taken the samples as part of their investigation, according to the report.

The abandoned female child was discovered on November 25 in some bushes near the Wataniya telecommunications tower in Hulhumale’.

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Budget allocation includes decentralisation focus

Individual atolls and administrative regions will each receive allocations from the 2011 state budget as part of a Cabinet policy to try and “facilitate” more decentralised governance within the Maldives.

On a recurrent basis, 30 percent of total expenditure outlined in the budget will be provided to central government, with the largest share – amounting to 50 per cent of the funding – provided to islands.

Individual atolls will receive 13 per cent of the budget, while an allocation of the final seven percent will be granted to administrative regions.

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Elections Commission calls for “changes” to party registration after “dead” members row

The president of the Elections Commission (EC) has hit back at criticism from the Dhivehi Qaumee Party (DQP) that suggested the independent body had failed to carry out its duty after it removed deceased members from the party’s registry, by claiming the entire political membership system requires legislative “changes”.

EC President Fuad Thaufeeq told Minivan News today that it had acted on “information supplied by Island Officers” on December 2 this year, which found that six people on the DQP’s membership registry had died during 2010, requiring their removal under the commission’s regulations. He claimed that new regulations currently awaiting approval in the Majlis are expected to remove similar confusion and “concerns” in the future over remaining a member of a political party after death.

Thaufeeq was responding in particular to criticism of the EC made this week by the DQP, with the party alleging in a statement that 32 of its members had been removed from registration within the party after they were found to be deceased.

The DQP is now reportedly set to file charges against the EC, which the party claimed needed to be “stronger and more careful in order to achieve democracy” or risk losing the public trust.

“Because Elections Commission has neglected its duty, DQP has decided to file charges against the Elections Commission. It has been decided to request the court to recheck the cases of all the members who were removed from the party’s registry,” the party reportedly stated, according to Haveeru.  The DQP was unable to respond to Minivan News at the time of going to press.

However, Thaufeeq said he was unsure why the DQP had stated that 32 of its members had been removed from its registry, with the EC having removed just six party members that were found to have died between January 1, 2010 and early December 2, this year.

“I don’t understand what is behind the issue,” he said. “When we notified the party earlier this month [of the six membership removals], we asked them to inform us of any objections [the DQP] had – they have been silent.”

Beyond the current DQP criticisms of the EC, Thaufeeq claimed that political party members were required to be removed from a registry once they had left the organisation or died; a rule he said was important to ensure that political funding allocated to parties on the basis of their membership size was correct.

The EC President added that he believed that for a number of the country’s political organisations -including the ruling Maldivian Democratic Party (MDP) and the opposition Dhivehi Rayytithunge Party (DRP) – there appeared to be reluctance to update memberships.

“They are very keen to add membership, but not so concerned about reducing their numbers,” he said.  “Initially we expected all these areas [informing the EC of members who have left a political party or died] to be carried out by the parties themselves,” Thaufeeq said. “When we started getting many complaints from former members that their parties were not removing their registrations, we started acting on the issue ourselves.”

Multi-party “problem”

Thaufeeq claimed that updating member registries has become a problem common among “almost every political party in the Maldives”, with the EC acting to remove any members that it can verify to have died or left a particular part.

The commission said that it uses information sourced from a number of bodies like Island Officers, the Ministry of Health, the Department of National Statistics or confirmation by the deceased’s family to verify its records.

“We don’t think the DQP case is too significant,” he said. “This is a straight forward case; when a person is dead they cannot remain a member.”

According to Thaufeeq, the EC is looking for the approval of new legislation in parliament that will “outline changes we want to bring to the registration system.” “These laws have been sent to parliament for approval, which we believe will provide solutions to the current problems [of membership registries],” he claimed.

Membership benefits

Thaufeeq put forward a number of suggestions to what he believed may indicate why the issue of registered party members appeared to be a concern for political organisations.

Primarily, he claimed that under current government funding agreements for registered political parties, 40 percent of allocated expenditure was divided equally among the group. The additional 60 percent was then rewarded on the basis of parties with the highest memberships, Thaufeeq claimed.

“Also, a group wishing to register as a political party must initially have more than 3000 registered members to qualify. After that, there is no regulation or rule that would change back their status if they fall below this figure,” he added. “There are political parties with less than 3000 members.”

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Police share “concern” over sex abuse case delay

A spokesperson for the Maldives Police said the service shares “concern” about the impact to its reputation of delaying investigations of alleged sexual abuse by four officers, but claimed the force remains committed in working with its independent integrity body on the case.

Police Sub-Inspector Ahmed Shiyam said that despite reservations from the Police Integrity Commission (PIC) about delays in supplying information requested on the case, the Police Service was waiting on additional documents that had not currently been made available, even to itself.

“Actually, the investigation team had briefed the Commission [PIC] on its work,” he said. “The PIC have also requested information on our investigations, but we are still waiting on documents from other authorities, not just those within the police.”

Shiyam was unable to give details “as of yet” on the nature of the documents that the Maldives Police Service was waiting on, though he claimed the force was trying to get the information as soon as possible. Shiyam said he accepted that there “was concern about delaying the case” within the Maldives Police Force in relation to its reputation among the public.

A spokesperson for the PIC told Minivan News that growing “media interest” into allegations of sexual abuse being carried out from within the Police Force had led to growing “concern about when the case will be sent to the Prosecutor General”.

PIC Commissioner Shahinda Ismail yesterday told Haveeru that the independent body had requested investigation reports concerning the sexual abuse allegations from the Police Service, but had been unable to get the information so far.

According to Shahinda, the Police Service is required under the Police Act to provide any information that has been requested by the PIC.

The PIC was established in its current form back in 2008 under the Police Act to work to indentify and investigate any alleged offences committed by employees of the Maldives Police Force.

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New Maldivian ambassadors appointed

President Mohamed Nasheed yesterday appointed a number of new ambassadors to represent the country’s interests in Belgium, Saudi Arabia and Spain as well as a High Commissioner for Sri Lanka.

During an appointment ceremony held yesterday at the President’s Office, Ali Hussain Didi and Adam Hassan were installed as the Maldivian Ambassadors to Belgium and Saudi Arabia respectively. Hussain Shihab also received an appointment letter at the ceremony to serve as the Maldives High Commissioner for Sri Lanka.

Dr Farahanaz Faizal was also yesterday appointed as the Ambassador of the Maldives to Spain in a non-resident capacity.

According to Nasheed, the appointments reflect the need for the Maldives to co-exist with other nations and people of different opinions with “respect and integrity”.

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Joint committee’s budget evaluation underway

A parliamentary joint committee formed to evaluate the 2011 state budget was underway today, though a finalised plan for national spending is still thought to be a few days away, Acting Finance Minister Mahmood Razee has said.

Speaking briefly today during a recess of the joint committee, which is formed from members of both the finance and economic committees, Razee said that the discussions would likely be ongoing during the next few days and that he was unavailable to comment on any outcome before then.

Haveeru reported yesterday that Gasim Ibrahim of the Jumhooree Party (JP) had been endorsed as chair of the evaluation committee that consists of 21 MPs. The paper reported that 12 votes will be required to pass any matter through the committee.

The Chair position was contested by nominations from the Maldivian Democratic Party (MDP), which favoured Bilehdhoo MP Ahmed Hamza, and the Dhivehi Rayytithunge Party (DRP), which proposed Parliament’s Deputy Speaker, MP Ahmed Nazim. Both nominations failed to receive the required number of votes, Haveeru said.

The budget approval, which is constitutionally required to be complete before the end of the year, has come amidst a period of upheaval within the Majlis over the appointment of ministers, which includes a head of finance for the country. This upheavel resulted in Acting Finance Minister Mahmood Razee delivering the state budget after the country’s Supreme Court ruled on December 10 that that ministers rejected by a parliamentary vote could not hold their positions.

Parliament allowed Acting Finance Minister Mahmood Razee to present the 2011 state budget, despite Speaker Abdulla Shahid said that he would be seeking legal advice over whether this was permissible.

Deputy Speaker Mohamed Nazim put forward a motion to declare a “special situation” whereby Razee would be granted the authority to formally present the motion. The chamber voted 55-9 in favour.

The text of the Constitution requires the “Minister of Finance” to submit the budget for approval “prior to the commencement of each financial year” – in the Maldives, the calendar year.

Seven ministers – Finance Minister Ali Hashim, Education Minister Dr Musthafa Luthfy, Foreign Minister Dr Ahmed Shaheed, Fisheries Minister Dr Ibrahim Didi, Home Minister Mohamed Shihab, Defence Minister Ameen Faisal and Attorney General Dr Ahmed Ali Sawad – did not receive a majority of votes from 42 MPs in attendance within parliament last month.
Following the vote, Ahmed Thasmeen Ali, head of the opposition DRP, took the case to the Supreme Court arguing that Ministers rejected by parliament should be dismissed from office.

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New tourism slogan remains elusive despite news report

“Value for Money” will not be replacing “The Sunny Side of Life” as the slogan to entice holidaymakers from all over the world to come to the Maldives, with a final decision yet to be made on the future direction for promoting the nation’s central economic income source, the country’s Tourism Minister has said.

The Maldives National Broadcasting Corporation (MNBC) yesterday reported that the “Value for Money” slogan had been settled on in order to reflect a changing focus in enticing travellers to the Maldives by targeting a more middle-income audience.

However, while the new tourism slogan to replace “The Sunny Side of Life” is expected to focus on “value”, Minister for Tourism, Arts and Culture, Dr Mariyam Zulfa claimed that news of the slogan had been “reported incorrectly” during an address to 200 Italian journalists.

Speaking to the journalists at Male’ International Airport as part of a visit to celebrate ongoing support from the country’s travel market, Zulfa said that she believed her comments had been taken out of context.

“I said we will probably go towards a slogan reflecting a value for money product,” she added.

Zulfa said that she “didn’t think any final decision on a slogan had been made,” and that any eventual agreement would involve “lots of meetings” with stakeholders such as the Maldives Tourism Promotion Board (MTPB) before a final decision is announced.

When contacted by Minivan News, a spokesperson for MNBC claimed that the report had been based on comments made by the Tourism Minister to one of the company’s journalists.

In a statement, the Maldives Tourism Promotion Board (MTPB) said that the reports had been incorrect, but added it would be announcing a new slogan in the next few weeks.

“However, we can confirm today that the new slogan will not be ‘Value for Money’,” the promotion board stated.

Echoing the Tourism Minister’s statements, the MTPB added that it remained in discussions with as wide a group of tourism industry stakeholders as possible in attempts to better serve the market.

“The Minister has made it explicitly clear that the new slogan will be designed so that it appeals to a wide range of potential tourists; including those with high incomes as well as tourists seeking a more affordable holiday in the Maldives,” the MTPB added.

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Maldives signs UAE banking agreement

The Maldives Monetary Authority will cooperate with the Central Bank of the UAE on issues of technical assistance and battling money laundering and terrorist financing under the terms of a Memorandum of Understanding (MOU) signed yesterday.

The UAE’s Central Bank’s governor, Sultan Bin Nasser Al Suwaidi, signed the deal along with his counterpart within the Maldives Monetary Authority in order to work together to try and ensure banking in both nations is in line with international standards on sound financial practices.

“This MOU puts a mechanism to cooperate in banking supervision [regarding] financial institutions operating in the two countries and exchange of supervisory information, in line with the international standards relating to exchange of information between banking supervisory authorities,” said the Central bank of the UAE in a statement.

The MOU agreement is also said to include assistance and training for staff at the Maldives Monetary Authority both in the UAE and the Indian Ocean at educational institutions that focus on banking supervision and examination.

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