Month: June 2013

DQP MP Riyaz submits bill proposing hanging as preferred method of execution

Dhivehi Quamee Party (DQP) MP Riyaz Rasheed has submitted a bill to parliament proposing executions be carried out by hanging people sentenced to death in court.

Riyaz told newspaper ‘Haveeru’ that he submitted the bill because the government’s version of the bill, drafted in December 2012, had yet to be submitted to parliament.

According to Riyaz’s bill, the trials of people accused of offences punishable by death under the penal code are to be conducted with a defence lawyer, even should the defendant refused.

The bill requires the lower courts to forward a case report to the High Court 14 days from the date the trial reaches a conclusion. The High Court is required to conduct a trial to determine whether the lower court’s ruling is lawful.

Should this decision be upheld, the matter must then be referred to the Supreme Court, which issue the final ruling on the case.

According to the bill, the defendant is given the opportunity to meet his family and say his last words before he is hanged.

The bill obliges the state to delay implementing death sentences if the person is a minor, pregnant woman, mentally ill or suffering from a disease.

In December last year, Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be practiced in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The government’s draft, which has yet to be submitted to parliament was criticised by religious groups in the Maldives, who argued that the state’s method of execution should be beheading or firing squad.

Likes(0)Dislikes(0)

Judiciary needs transitional arrangement before elections: former JSC member

The former Presidential Member of the Judicial Service Commission (JSC) Aishath Velezinee has called on international organisations to lead a transitional arrangement for the judiciary prior to September’s presidential elections.

UN Special Rapporteur for the Independence of Judges and Lawyers Gabriela Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.

The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“The UN special rapporteur’s report has raised very serious concerns that the public should be thinking about, because it has implications that affects every single individual in this country, the report is not for the state alone,” said Velezinee during a press conference held on June 5.

“The report raises questions regarding the impartiality of the supreme court. It highlights a political bias in the supreme court,” Velezinee said. “If we are going to allow the supreme court to be the decider on elections, there is very little reason for the public to have confidence in the election results.”

Velezinee noted that because only three months remain before the September 7 presidential elections, “It is time for the parliament and for the leaders to sit down together and come to a transitional arrangement.”

“That transitional arrangement should include a bench or some system outside of existing courts, outside of the supreme court, that will have a final say on all election related issues,” she stated.

“It can’t be done only locally. We need the expertise, presence and participation of the International Commission of Jurists as well as the UN in a transitional arrangement,” she continued.

“Considering the status of the state today, we need a partnership. Bilateral participation would not be something to promote, the best thing would be to have broader participation with international partners,” Velezinee added.

Resistance to consolidating democracy

“Our country today is at a serious critical junction and the issues are all coming from resistance to consolidating democracy,” said Velezinee.

“One of the most serious issues noted in the [UN special rapporteur’s] report is the misconstruing of democratic concepts in the constitution, and the use of these for personal gain by state officials within the JSC, Supreme Court, as well as parliament.”

“After elections the judiciary must be overhauled,” she declared.

The JSC was required to re-appoint judges under Article 285 of the constitution who possessed “educational qualifications, experience and recognised competence to discharge the duties and responsibilities of a judge, and must be of high moral character.”

“It is only through acknowledgement and acceptance that we have breached the constitution on article 285 that we will have the opportunity and the legitimacy to overhaul the judiciary,” explained Velezinee.

“That is very important, unless we do that we may fall into a cycle of coups… and this will go on unless the judiciary functions correctly.”

Velezinee said that while only the Maldivian Democratic Party (MDP) “has stood by the constitution”, it had failed so far to directly address the controversial re-appointment of unqualified judges to the judiciary.

“I have heard the MDP talk about problems in the judiciary and with individual judges, but I am disappointed I have not yet heard them speak of the constitutional breach of article 285,” she told Minivan News.

“[Parliamentary Speaker Abdulla] Shahid is an expert on democracy and is ready to intervene to return the Maldives to the constitution,” claimed Velezinee. “Having Shahid join the MDP is good because now they can go ahead and return the country [to constitutional rule].”

“I also welcome [former Attorney General Husnu] Suood breaking his silence and taking initiative. It’s a good sign he’s speaking up,” she added.

Eariler this week Suood claimed that the JSC had been taken over “dark powers”, and that it was fully under the control of certain political figures.

Suood further contended that the presidential candidate for the government-aligned Progressive Party of Maldives (PPM) Abdulla Yameen Abdul Gayoom, the Deputy Speaker of Parliament and PPM MP Ahmed Nazim, and retired Supreme Court Judge Mujthaz Fahmy have long been in the business of influencing the judges and the verdicts they had been issuing.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy,” he alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the JSC, and said several judges had told him that Yameen Abdul Gayoom – half brother of former President of 30 years, Maumoon Abdul Gayoom – had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Yameen and Nazim have denied the allegations.

Likes(0)Dislikes(0)

Police discover over 14,000 cans of beer in water near Male’

Marine Police and Maldives National Defence Force (MNDF) officers were today collecting thousands of cans of beer found floating in the sea on the west side of Male’.

According to the statement issued by police, so far 14,548 cans of beer have been taken from the sea, with more continuing to be found.

Police initially received a report yesterday afternoon at 1:00pm that a dhoni named ‘Azum’ had tipped off balance near Male’, and some beer cases on the vessel had fallen into the sea.

However, a police media official later told media that the earlier statement was a mistake, and said police have been unable to determine the owner of the beer cans or how they were lost.

A police media official stated that police were still trying to determine whether the beer was dumped intentionally.

Marine police are patrolling around Male’ to pick up the floating beer cans.

‘’No one has claimed responsibility for this nor have they admitted the cans belong to them,’’ a police media officer  told Minivan News.

Possession and consumption of alcohol is illegal outside resort islands and licensed safari boats in the Maldives.

Likes(0)Dislikes(0)

Department of National Registration suspends issuing ID cards, citing malfunctioning air conditioning

Staff at the Department of National Registration have refused to continue issuing national identity cards 94 days before elections, complaining of a malfunctioning air conditioning unit and “discomfort in working conditions” for the past four days.

Services were stopped abruptly at approximately 10.30am this morning, after a long queue of customers had already been issued service tokens, according to local media.

Service seekers had expressed anger at the announcement that services will no longer be available, with some reports stating that the people had demanded that services be resumed as “whatever heat the staff feel, we feel too”.

Assistant Director at the Department of National Registration Abdulla Haleem has confirmed to local media that services have been temporarily discontinued due to faulty air conditioning in the department’s service area.

He stated that staff has continued to complain about the difficulties of working “under such warm and uncomfortable circumstances” for the past couple of days.

Haleem said that the department’s failure to repair the air conditioning has led to staff refusing to serve at counters, instead resorting to “sitting in the innermost rooms of the department which has functioning air conditioning”.

Haleem further stated that staff refused to provide services despite more citizens coming to apply for national identity cards during the school holiday period, when people from the islands find it more convenient to visit the capital.

Civil Service Commission Media Official Ali Nizar stated that the commission had not received any official complaints about the matter.

“As a commission, we focus on staff interests. We believe that the department should provide appropriate working conditions for their staff,” Nizar stated.

“Unless we get a direct official complaint, we tend to not get involved in such matters,” he said.

“As far as we know, services will commence again tomorrow once the department solves the issue and provides staff with suitable conditions,” he said.

The Department of National Registration was not responding to calls at the time of press.

“It is a concern, but will one day affect elections?” : Transparency Maldives

Local NGO Transparency Maldives, which will be active in elections monitoring during the September 7 presidential elections, stated that the interruption of services is a concern, if it may affect the upcoming elections.

“If the issuing of ID cards is affected by today’s suspension of services, then it may negatively affect elections. In such an instance, the problem needs to dealt with as soon as possible,” stated Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed Ibrahim.

“It is a question whether one day of non-service will have an effect on the elections, we hope it doesn’t. We need to be extremely careful these days and if there is a chance that it may have a negative impact, then it must be addressed as soon as possible,” he said.

“Huge concern with elections just 94 days away”: contesting parties

With 94 days to the presidential elections, contesting political parties have expressed concerns that the interruption in issuing identity cards may compromise the constitutional right to vote of a large part of the electorate.

“If we get to have a free and fair election, we intend to win it in a single round. However, with the state the system is in now, it is very complicated,” said member of the Maldives Democratic Party (MDP)’s Membership and Campaign Committee, Ahmed Shahid.

“From the information we have gathered, we understand that approximately 40,000 identity cards will expire before September 7. According to the information we have, the Department of National Registration has the capacity to issue about 350 or so cards a day. This suggests that the 40,000 people from the electorate will not all be able to get the cards renewed before the elections. In a situation like this, now we have the service suspension from that department. This is a huge concern for us,” he said.

“From what we are seeing now, it doesn’t seem as though the state is really trying to solve these issues prior to elections,” Shahid alleged.

“In meetings with the Elections Commission (EC), we were told that about 1500 inmates will also be having their cards expired before election day. The Commission seemed unsure of who has to bear the responsibility for getting these cards renewed. An idea was floated that parents of inmates should take the initiative, but I don’t think that is a practical approach. The state must find a more responsible alternative,” Shahid continued.

“The EC also spoke of concerns that the department is not cooperating at its best so far, and about the reluctance to place absolute trust in them as the department is a government body. They’ve been requesting access to the department’s records in order to run a comparison with the EC’s electorate list, but said they’ve only been granted access a week ago,” he said.

“We are in an extremely sensitive situation now. With things as they are, actions like what the Department of National Registration has done today is a cause for extreme worry,” Shahid stated.

Jumhooree Party Spokesperson Moosa Ramiz also voiced concerns that the denial of a service as vital as the issuance of identity cards will lead to many voters and candidates being stripped of their constitutional rights.

“This leads to a huge loss for the citizens, as well as presidential candidates. The elections are looming close overhead, and the government is halting the issuance of IDs, which are absolutely necessary for anyone to be able to vote. Citizens are being thrust into a very sad situation,” Ramiz stated.

“The institutions which must be responsible need to attend to this immediately, even if they need to give up on all else they are doing now,” he said.

Gaumee Ihthihaadh Party (GIP) Ahmed Thaufeeq, Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen and Progressive Party of Maldives (PPM) Spokesperson Ahmed Mahloof were not responding to calls at the time of press.

Elections Commission President Fuad Thaufeeg and Secretary General Asim Abdul Sattar were also not responding. EC Vice President Ahmed Fayaz’s phone was switched off at the time of press.

Likes(0)Dislikes(0)

President Waheed honoured during Palestine visit, speaks on two-state solution

President Dr Mohamed Waheed been presented with Palestine’s highest honour during an official visit to the country, where he is acting as chair of the 4th International Islamic Conference of Bait Al Maqdis.

Dr Waheed was presented with the ‘Star of Palestine’ by President Mahmoud Abbas yesterday (June 4) in recognition of his efforts to strengthen relations between the two countries, according to the President’s Office website.

President Abbas was himself presented during their meeting with the “Nishan Izzuddeen” – one of the Maldives highest honours.

Two-state solution

Speaking at the Islamic conference today, President Waheed spoke of the Maldives’ continued support for finding a two-state solution to ensure peace between Palestine and Israel.

He also spoke on the Maldives’ backing for the establishment of the State of Palestine with East Jerusalem as its capital from lands occupied in the 1967 war.

Dr Waheed’s speech was also critical of Israel’s policy of building settlements in occupied territories and the potential impacts it could have on the ongoing peace process, while also playing up what he believed was the global importance of Bait Al Maqdis.

“Bait Al Maqdis is not only important to Islam. It is an important sight for other great monotheistic faiths of the world. The Maldives supports the efforts being made to preserve the Islamic and Christian character of Al-Quds Sharif,” he said.

The full transcript of his speech can be read here.

Tourism potential

President Waheed also pledged to provide his Palestinian counterpart with technical assistance in the fields of tourism, based on the Maldives’ experiences of operating high-end island resorts.

Likes(0)Dislikes(0)

Dead tourist found on Dhiffushi Island

Additional reporting by Leah Malone

The dead body of a foreign national has been found washed up on the west shore of Dhiffushi Island in Kaafu Atoll,  police have confirmed.

Police stated that the body of a caucasian male was found at about 1:23pm this afternoon (June 5), and a team of officers had been dispatched to the island.

A Police Spokesperson confirmed the incident had occurred and referred Minivan News to the Police Duty Officer hotline, which was switched off at time of press.

Dhiffushi Island Council President Hussein Rabeeu told Minivan News a group of islanders had noticed this afternoon that something was drifting towards the beach on the west side of the island.

Rabeeu said he was called by the islanders when the object came close enough to be identified as a dead body.

“I called the police who said they are on their way and asked us not to touch it,” he said.

“But a while later two American tourists from nearby Meerufenfushi Island Resort swam to the island and said the dead body was the third person who was with them.”

According to Rabeeu, the two tourists swam to the island from a nearby resort looking for their friend.

“They told us that they went out snorkeling and hit a storm, and lost one of their number. They confirmed it was the body of the person they were looking for,” he said.

“Now the management of the resort is also here and have confirmed the body is of a guest staying at the resort.”

Rabeeu said the dead man was wearing snorkelling gear when he was found. Local media published pictures of the body showing a man with dark hair and wearing blue swimming trunks.

Meeru Island Resort and Spa said it was unable to make a statement at time of press.

“Our general manager is very busy handling the case at the moment and is unable to take calls,” Meeru Island Resort and Spa Secretary Sherlyn Mauricio told Minivan News.

“We do not have the full details and are still dealing with the incident, so we are not allowed to say anything at this time.”

The US Embassy was unable to confirm the nationality of the deceased at time of press.

“Our consular staff are looking into the incident. Out of respect for the individual’s privacy we cannot share anything further at this time,” US Embassy official Chris Elms told Minivan News.

Likes(1)Dislikes(0)

JSC meetings with Fahmy in attendance “not valid,” concedes Attorney General

Attorney General Aishath Bisham told parliament’s Government Oversight Committee yesterday (June 4) that official meetings of a state institution would not be valid if a member with disputed legal status was in attendance.

In response to a question by MP Ali Waheed, the committee’s chair, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

“My stand on this has not changed at all,” she said.

While Fahmy returned to work following the Supreme Court judgment, both Bisham and her predecessor Aishath Azima Shukoor had contended that he could not remain in the post.

Despite the previous Attorney General informing Fahmy of her legal opinion, the CSC later revealed that Fahmy resumed work after a letter from the President’s Office authorised him to do so.

Fahmy also began participating in meetings of the Judicial Service Commission (JSC) as an ex-officio member in his capacity as CSC chair.

Bisham told the oversight committee last night that she had shared her concerns with the JSC but refused to answer further questions on the issue.

Fahmy was in attendance at a JSC meeting on May 29 where a petition by Bisham to indefinitely suspend High Court Chief Judge Ahmed Shareef was voted through with three votes in favour and one against. Fahmy reportedly abstained in the vote.

Local media meanwhile reported yesterday that the JSC nominated Fahmy to represent the commission on the 13-member Zakat Committee, which was set up to oversee the Zakat trust fund.

At last night’s committee meeting, MP Ali Waheed asked Bisham whether a meeting of any state institution or independent commission with the participation of a member whose legal status was disputed could be valid.

“It would not [be valid],” she replied.

Following her concession, the Maldivian Democratic Party (MDP) MP for Thohdhoo in Alif Alif atoll thanked the Attorney General and immediately adjourned the committee meeting.

Supreme Court ruling

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

In his dissenting opinion, Justice Muthasim Adnan – the only Supreme Court justice with a background in common law – however noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

Likes(0)Dislikes(0)

Govt will not sign current draft of SOFA, Defence Minister tells parliament

Defence Minister Mohamed Nazim has informed parliament’s opposition-dominated Executive Oversight Committee that the government will not sign the current draft of a Status of Forces Agreement (SOFA) with the United States.

Nazim alleged that a leaked draft of the agreement had been “doctored”, according to local media, however he refused to share the current draft with the committee.

The government would only share the draft with the National Security Committee, Attorney General Aisthath Bisham told the oversight committee.

“It’s just a draft, and is at a very infant stage,” Nazim was reported to have told the committee. “We discussed it with relevant government authorities. I myself don’t believe that the draft can be finalised without making the necessary amendments.”

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed has also opposed the signing of the SOFA agreement.

“There is no way that the SOFA agreement can be signed, allowing foreign forces to stay on our land. Nor can we allow them to make the Maldives a destination in which to refuel their ships,” Shaheem stated previously on social media.

“The reason is, the US might attempt to use the Maldives as a centre when they are attacking another Muslim state. There is no way we will let that happen,” he said, asserting that he “will not compromise on the matter at all”.

The agreement

The leaked draft of the proposed SOFA with between the Maldives and the US “incorporates the principal provisions and necessary authorisations for the temporary presence and activities of United States forces in the Republic of Maldives and, in the specific situations indicated herein, the presence and activities of United States contractors in the Republic of Maldives.”

Under the proposed 10 year agreement outlined in the draft, the Maldives would “furnish, without charge” to the United States unspecified “Agreed Facilities and Areas”, and “such other facilities and areas in the territory and territorial seas of the Republic of Maldives as may be provided by the Republic of Maldives in the future.”

“The Republic of the Maldives authorizes United States forces to exercise all rights and authorities with Agreed Facilities and Areas that are necessary for their use, operation, defense or control, including the right to undertake new construction works and make alterations and improvements,” the document states.

The US would be authorised to “control entry” to areas provided for its “exclusive use”, and would be permitted to operate its own telecommunications system and use the radio spectrum “free of cost to the United States”.

The US would also be granted access to and use of “aerial ports, sea ports and agreed facilities for transit, support and related activities; bunkering of ships, refueling of aircraft, maintenance of vessels, aircraft, vehicles and equipment, accommodation of personnel, communications, ship visits, training, exercises, humanitarian activities.”

US position

US authorities have reiterated they have no intention to establish a base in the Maldives, and emphasised that the SOFA is a standard agreement used for conducting joint military exercises.

Former US Ambassador to Sri Lanka and the Maldives, now Assistant Secretary of State for South and Central Asia Robert Blake, told the Press Trust of India in May that the agreement referred to joint military exercises and not a future base-building endeavor.

“We do not have any plans to have a military presence in Maldives,” Blake said, echoing an earlier statement from the US Embassy in Colombo.

“As I said, we have exercise programs very frequently and we anticipate that those would continue. But we do not anticipate any permanent military presence. Absolutely no bases of any kind,” Blake said.

“I want to reassure everybody that this SOFA does not imply some new uptick in military co-operation or certainly does not apply any new military presence. It would just be to support our ongoing activities,” he said.

Likes(0)Dislikes(0)

Civil Court injunction prevents government takeover of Alidhoo, Kudarah resorts

The Tourism Ministry has been prevented from taking control of resort properties operated by Yacht Tours Maldives under a Civil Court injunction issued yesterday (June 4), pending a final ruling on a long-running dispute over unpaid rent.

J Hotels and Resorts, a company owned by opposition Maldivian Democratic Party (MDP) MP Abdulla Jabir, went to the Civil Court yesterday to contest the government’s right to reclaim the two resorts over allegations the company had failed to settle rent payments and fines totalling some US$7 million (MVR 107 million).

The company has claimed that the vast majority of the outstanding payment is the result of fines issued by the state during the ongoing payment dispute.

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 has continued to contest the government’s right to reclaim the land.

“Unlawful cancellation”

Yacht Tours Director Ibrahim Shiham said that the Civil Court injunction issued last night suspended what he alleged was the government’s “unlawful cancellation” of its lease for the two resorts until a ruling was made on the company’s dispute over rent payments.

Speaking to Minivan News, Shiham accused the government of trying to come on to the Kudarah resort property on Monday (June 3) without a court warrant to take back the property, alleging authorities had sought to create a “political drama” out of the case.

He claimed that authorities were refused entry by around “three or four people” on the island, despite local media reports citing a ministry source as claiming that around 50 people had attempted to block their arrival at the resort’s jetty area.

The Tourism Ministry has alleged to Sun Online that Yacht Tours had continuously failed to pay back the rent and fines in installments as previously agreed following the first termination notice.

Yacht Tours meanwhile claimed that uncertainty as a result of the Tourism Ministry’s actions had seen occupancy rates at Alidhoo Resort fall from over 60 per cent in recent weeks to just 11 percent yesterday due to cancelled bookings.

Shiham has alleged that company was being unfairly punished as a result of an “internal argument” between the Ministry of Tourism and the Maldives Inland Revenue Authority (MIRA) over whether to accept an advance payment previously paid by Yacht Tours to cover rent owed to authorities.

He added that under amendments made to tourism regulations back in 2011, a long-term US$1.5 million dollars (MVR 23 million) rent advance for the island of Watavarreha was no longer required to be paid all at once, making the company eligible for a repayment.

Earlier this year, Yacht Tours released documents and transcripts of official letters to media showing it had requested then Minister of Tourism Dr Mariyam Zulfa to transfer a refundable payment from the Watavarreha advance to cover payments owed for Kudarah and Alidhoo.

A follow-up letter, dated August 21, 2011, stated that according to the Maldives Inland Revenue Authority (MIRA), the government owed the company US$1,115,374 (MVR 17,176,760).  At the same time, the company was said to owe a total amount of US$1,300,418 (MVR19.9 million) in charges for the three resorts to the state.

Shiham said that the Tourism Ministry under the previous government of former President Mohamed Nasheed had requested MIRA process the payment accordingly.

“However, MIRA did not wish to do this. This has become an internal argument that is nothing to do with us,” he said. “We believe the Tourism Ministry has the authority on this matter.”

Shiham added that as the payments were not related to service taxes that were required to be paid directly to MIRA, the matter of rent should be decided by the Tourism Ministry itself.

With the controversial change of government overnight on February 7, 2012, Yacht Tours has claimed that its agreement was further complicated, leading to MIRA filing a court case against the company.

Speaking to Minivan News this week, former Tourism Minister Dr Zulfa confirmed that Yacht Tours had previously requested the Finance Ministry use the advance payment for Watawarreha Island to cover rent payments for its other properties that were in arrears.

“As a matter of law, I advised the then Finance Minister Mr [Ahmed] Inaz that there was nothing barring such as adjustment since all the resort properties were under the same company name,” she said.

Dr Zulfa added that the company separately requested a refund on the funds paid for Watawarreha, despite the land tax legislation at the time being collected correctly by the government.  She added that the advance payment was designed to have been deducted by the government from payable rent.

“I did advise Mr Jabir to submit the matter to court for a legal determination if he felt that the advance payment was rendered unfair and I think he duly did,” she said. “I hope it is clear that the government of President Nasheed did not agree to the refund, but merely advised that an adjustment in rent across all resort-properties leased to Yacht Tours regardless of what island such advance was paid for was possible, because of course they were leased to the same company.”

Tourism Minister Ahmed Adheeb was not responding to calls from the Minivan News at  time of press. Deputy Tourism Minister Mohamed Maleeh Jamal was out of the country.

Termination notice

Minister Adheeb earlier this year rejected allegations that the Tourism Ministry was singling out certain resort operators in terms of treatment, adding that each property was required to pay rent or face receiving a termination notice.

Adheeb claimed that when he first took up his position following February’s controversial transfer of power, there were 12 resorts found to be not paying rent at the time.

“We are not tolerating resorts who do not pay rent, any operating resort has to pay. Those who are not paying already have the termination notice. This culture has to go, by the end of this year all resorts will be paying and it will become a more stable industry,” he said at the time.

At a press conference held on December 31, 2012, Adheeb said that resort operator Yacht Tours had been sent termination notices for both Alidhoo and Kudarah resorts, with a seven day period for handover.

He added that while the ministry had come to a payment system agreement with a number of other companies, Yacht Tours had sent no official written communication in regard to the payment of outstanding rents.

The claims were later rejected by Yacht Tours, which in turn alleged that the ministry had failed to respond to its correspondence on the matter of rent payments, leading it to take legal action to resolve the dispute.

Likes(0)Dislikes(0)