Month: December 2013

Ex CSC Chair seeks compensation for “financial loss and psychological trauma”

Former President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan has filed charges against the state seeking compensation for losses after the People’s Majlis dismissed him from his position.

Fahmy was removed from his post through a no-confidence vote after a parliament committee investigation into allegations of sexual harassment of a female employee.

But the Supreme Court later overturned the Parliament’s decision, deeming it “unlawful”.

An official of the Civil Court confirmed receipt of the case, but declined from providing details.

Meanwhile, local media have reported that Fahmy has sued the state for MVR 7 million (USD 456,029) for psychological trauma and the financial loss that the decision of the parliament had cost him.

He further added that the damage it caused to his reputation has made it difficult for him to obtain other employment.

However, incumbent President Abdulla Yameen has appointed Fahmy as the Deputy High Commissioner to Malaysia. The post is equivalent to the post of Deputy Minister. Hence, tehe Civil Court has asked Fahmy to resubmit his case without the reference to the difficulty in obtaining employment, local media reported.

Background

Police sent the case against Fahmy to the Prosecutor General’s Office in August 2012, requesting for charges to be pressed against him for sexual harassment. The PGO returned the case to the police, requesting further clarification.

In November 2012, parliament voted out Fahmy with 38 votes against 32.

Chair of the Independent Commissions Oversight Committee Mohamed Nasheed had said at the time with regard to the committee’s investigation of the matter that the committee had applied widely accepted civil standards.

“We have oversight mandate over the CSC and do not need to conduct a criminal investigation. Based on our findings, 7 out of 10 committee members decided that it is more likely that Fahmy had committeed this act than that he did not. And that is enough to remove him from the post,” Nasheed had said.

However, the Supreme Court overruled the parliamentary decision in March 2013.

Fahmy continued to go into work even after the parliament voted him out and a new Chair was appointed to the commission.

By mid-September 2013, the commission finally revoked Fahmy access to its offices, cancelling his fingerprint access on the offices’ security systems until the parliament and apex court overcame the impasse over his membership.

The commission also withheld his pay from September onwards, on the advice of Auditor General Niyaz Ibrahim.

Just over a week after President Yameen assumed office, he appointed Fahmy as the Deputy High Commissioner to Malaysia.

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JP fined MVR 17,000 over “dead members”

The Elections Commission has fined the Jumhooriee Party (JP) MVR 17,000 (USD 1108) in December for submitting three party membership forms ‘signed’ by deceased people.

A press release by the commission states that the fine is levied under the Political Parties Act.

According to the Elections Commission website, the JP currently has a total of 14,330 members.

The Commission has previously brought cases of membership forms being submitted in the names of the deceased, or under other fraudulent terms, to the notice of the police.

They have previously noted that political parties submitted a higher number of fraudulent forms at the time when the parties held membership drive campaigns following the parliament was working to pass a bill stating that a party must consist of a minimum of 10,000 members to be officially registered.

The commission has previously revealed in 2012 that then President Mohamed Waheed’s party had submitted 80 percent fraudulent membership forms.

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Thilafushi Corporation’s MD and board members dismissed

Thilafushi Corporation Limited (TLC) Managing Director Ilham Idrees and four other members of its board have been dismissed from their positions.

A statement released by the Privatization and Corporatization Board stated that Idrees has been replaced with Abdulla Saleeh Jaleel as TLC’s Managing Director. The Board did not provide a reason for the dismissal of any of the board members.

Ilham Idrees was appointed to the post by former President Mohamed Waheed Hassan during his term in office.

It further stated that board members Ahmed Rasheed Hussain, Adam Thaufeeq, Ali Rasheed Ibrahim and Ahmed Musthafa have also been dismissed.

The Privatization and Corporatization board – mandated with privatizing and corporatizing state enterprises, and monitoring and evaluating them – is compiled of seven members appointed by the President.

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Coalition will overcome “ordinary” rifts: Gayoom

Ruling Progressive Party of Maldives (PPM) leader and former President Maumoon Abdul Gayyoom has disregarded claims of rifts in the current government coalition as “ordinary”, expressing confidence that disputes will be sorted out in the near future.

Coalition partner Jumhooree Party (JP) had expressed dissatisfaction regarding the PPM’s failure to consult the party in compiling the state budget for 2014.

“It is understandable that sometimes, on particular matters, misunderstandings within a coalition may arise. That is how it happens in all parts of the world,” Gayoom said, addressing media upon return to the Maldives from a personal trip to Malaysia.

He stated that in general, the leaders of the coalition parties shared a “strong sense of unity and a spirit of working together”. He assured supporters that he would “wisely take on smoothing out any discord there may be within the coalition”.

While Gayoom speaks of solving issues within the coalition, his half-brother President Abdulla Yameen and JP leader Gasim Ibrahim – whose support was crucial in PPM winning the presidential election – have exchanged harsh criticism against each other regarding the proposed budget for 2014.

Deputy leaders of both parties have dismissed the claims that a rift existed within the coalition.

Upcoming elections

Gayoom further confirmed that as the main party in the coalition, PPM is currently working on assigning constituencies to the coalition partners for the upcoming elections, adding that it will be assigned as was agreed during the formation of the coalition for the presidential election.

PPM is competing in the upcoming elections together with coalition partners JP and Maldives Development Alliance (MDA).

PPM had promised the JP over 30 per cent of cabinet positions, parliamentary seats and local council seats in exchange for their support in the presidential election.

Earlier in November, Gasim expressed concern about the governing party’s failure to fulfill its promises to the JP, adding that it may be because the PPM “is hectically engaged in other government matters”. Stating that he did not believe Yameen or Gayoom would “deprive JP of benefits”, Gasim stated then that he had sent a letter to the PPM’s leader asking for clarification of what the JP is entitled to.

The fourth party in the coalition, religious conservative Adhaalath Party – after having recently dismissed rumours of it leaving the alliance – has announced that it will be contesting in the elections separate from the coalition.

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MDP asked for cancellation of Nasheed trial: Adheeb

The ruling Progressive Party of Maldives’ (PPM) deputy leader and Tourism Minister Ahmed Adheeb has said the opposition Maldivian Democratic Party (MDP) asked for cancellation of criminal charges against former President Mohamed Nasheed in exchange for MDP endorsing cabinet ministers.

Nasheed has been charged with the unlawful arrest of a Criminal Court chief judge Abdulla Mohamed. The case is still pending.

MDP International Spokesperson Hamid Abdul Ghafoor has dismissed Adheeb’s claims, terming them “nothing but blatant lies”.

Adeeb alleged that the MDP had raised Nasheed’s personal interest over national interest in discussions held between the two political parties ahead of the parliamentary vote to endorse cabinet ministers.

The People’s Majlis voted to endorse President Abdulla Yameen Abdul Gayoom’s cabinet yesterday. Six MDP members voted against a three whip line in endorsing eight ministers who MDP had rejected claiming they are ministers of “the coup government.”

Describing Nasheed as a man who “raised self-interest above all with no consideration towards national good”, Adeeb claimed that MDP had “reverted back to it’s old manners”.

“Instead of that exemplary behaviour, what we saw was that the party wants to revert back to its old manners and return to the past. Every time we tried to sit down with MDP and talk about endorsing our government’s ministers, they set the condition that we must recall the case against Nasheed. But we are not a government who will form commission upon commission and engage in digging up people’s past,” Adeeb said in a press briefing on Monday.

“Despite some MDP parliamentarians failing to work responsibly, the brave decision to vote in favour by some among those MPs who have deep-rooted love for the nation made it possible for all our ministers to become endorsed,” Adeeb stated.

“While I won’t accuse all of them, some among MDP attempted to inhibit the development we are trying to bring to this country, and to decrease investor confidence. However, the parliament vote has demonstrated the fact that our party is going steadily forward. That we will bring about the development that the citizens yearn for,” he stated.

Prior to Monday’s vote, President’s Office Spokesperson Ibrahim Muaz Ali had also expressed confidence that the ministers will receive sufficient votes from the parliament, saying at the time that “the government has a very good understanding with the leadership of MDP.”

He added then that the MDP had “put forward a number of suggestions”, but refused to reveal details of the discussion.

“Blatant lies”: MDP

MDP has meanwhile dismissed Adeeb’s allegations as “blatant lies”.

“Adeeb’s comments are nothing but blatant lies. To my knowledge, no one from this party has brought up some a topic or condition with any other person ever. We have set no conditions in discussions about ministers endorsement,” the party’s International Spokesperson Hamid told Minivan News today.

Hamid added that there has been “no formal negotiation between the parties, although there have been unofficial discussions between politicians from over the political spectrum”.

“Over a 1000 regular members of MDP have been placed in detention after the coup d’etat of February 2012, with a wide range of fabricated charges raised against them. I have heard of discussions about this matter between politicians of various parties. MDP does have an expectation that these people must be freed and allowed to return to their normal lives now that there is an elected government in place. They have done no wrong, and the charges against them were fabricated after they were arrested for exercising their right to demonstrate,” Hamid explained.

Former President Nasheed has also dismissed Adeeb’s allegations as false.

“To my knowledge, no such conditions were put forward. This is clear even from MDP parliamentary group’s whipline in the vote,” he is quoted as saying in local media Haveeru.

In Monday’s parliamentary vote to endorse ministers, MDP had enforced a three line whip against voting for 8 of the 15 cabinet ministers, while a free whip had been released in voting for the remaining 7.

A number of parliamentarians had breached the party’s whipline, resulting in the endorsement of all cabinet ministers. One of these members – Mohamed Rasheed – has since joined ruling party PPM.

The MDP leadership has announced that it will reveal the form of action to be taken against those who voted against the whipline after further investigation of the matter.

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Three people arrested for performing black magic nude

Police have yesterday arrested two men and a woman for performing black magic while nude, ‘Haveeru‘ has reported.

They were caught in the act inside a small everyday-goods shop in Male’ named ‘Dhanaala’.

Maldives Police Service said the three people were arrested under a court order in a special operation.

Some suspicious objects that may have been used to perform magic were also taken by the police. According to Haveeru Police entered the shop by breaking its glasses.

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Supreme Court orders JSC to halt transfer of judges

Supreme Court has released a mandamus order on Monday halting the judicial oversight body’s decision to shuffle ten superior court judges.

The order states the Judicial Services Commission (JSC) does not have absolute powers to transfer and promote judges.

Unless a court is liquidated no judge can be transferred to another court unless by the explicit decision of the Judicial Council, the Supreme Court said.

The Supreme Court has previously annulled the Judicial Council and taken over the council’s powers. The JSC has been notified of the move and hence is mandated to discuss any shuffle of judges with the Supreme Court, the order said.

“The Judicial Service Commission’s decision dated December 9, 2013 – where without any contribution of the Supreme Court – the JSC decided to transfer judges of the Civil Court, Criminal Court, Family Court, Drug Court and Juvenile Court from one court to another from January 1, 2014 is hereby overturned, and we notify Judicial Services Commission, concerned courts and other concerned authorities that it cannot be acted upon,” the order signed by Chief Justice Ahmed Faiz Hussain reads.

JSC disregarded Chief Justice’s objections

Earlier in December, the Chief Justice sent a letter to the JSC objecting to the transfer, presenting the same arguments as in Monday’s mandamus order.

The JSC had at the time decided to disregard the objections, saying it lacked legal grounds.

“Even under the constitution and the JSC Act, the commission is vested with the power to transfer the judges,” JSC representative from the parliament Ahmed Hamza said at the time.

“Order is baseless but will abide by it”

Hamza stated that the JSC still maintains that its decision is a legally justified one.

“When the next term of parliament begins, we will work on this matter from within the parliament. Meanwhile, the JSC’s position is clear: we maintain our stand that our decision to transfer judges is legal and within our powers,” Hamza told Minivan News today.

“By releasing this order, the Supreme Court has undermined the powers vested in the JSC by the constitution. I do not accept that the Supreme Court has the power to do so,” he continued.

“The Supreme Court usually overrules things when someone files a case there, not of their own initiative as in this instance. It is very surprising how this has come about.”

However, Hamza stated that as the objection has come in the form of a Supreme Court order, the JSC will have to follow it.

JSC Member appointed from the public Sheikh Shuaib Abdul Rahman stated that while the order held the same reasoning as the letter previously sent by Faiz, the JSC will abide by it as it has now come in the form of an apex court order.

However, commenting further in private capacity, Shuaib described the Supreme Court’s reasoning as “irrational”.

“The reasoning presented in the order itself is irrational, and off the topic. The only legal connection that they can show is Article 47 of the Judges Act. The thing is they are talking about the Judicial Council, which has been made void. How can they refer to something that has already been made void? The articles that the Supreme Court have pointed out in the order have nothing to do with the JSC,” Shuaib said.

Shuaib said that he does not accept the Supreme Court can adopt the duties of the Judicial Council after the council itself has been ruled void.

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MACL ordered to halt evacuation of portrait artists at INIA

The Civil Court has issued a temporary order to halt the termination and evacuation of space dedicated for Maldives Music and Arts Center’s (MMAC) live art portrait services at the Ibrahim Nasir International Airport (INIA).

MMAC had requested for a a halting order from the civil court until the ongoing court case against when Maldives Airports Company Limited for sending a termination notice in November 2013.

The Center filed a case to invalidate MACL notice for contravening an existing contract. The court order said MACL cannot implement the termination notice until the case is settled.

MMAC first started providing the live art portraits service at the airport in 2011, under an agreement with GMR Male’ International Airport Pvt Ltd and it was later extended till 21 December 2014.

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Committee to re-submit Penal Code in March

Parliament’s Special Committee for Penal Code Review has stated that the committee will complete work on revising the bill by early March.

The final draft of the penal code – which had taken seven years in the committee stage – was rejected in yesterday’s parliamentary sitting with 36 votes. MPs then voted to send the bill back to the drafting committee

Maldivian Democratic Party (MDP) MP and chair of the committee Ahmed Hamza told Minivan News today that the committee will send letters today to every individual member of parliament, asking them to submit any desired amendments to the bill by January 20.

On receiving the amendments, the committee will review them and decide on those to be accepted by January 30, after which the revised bill will be sent to the parliament floor for voting on February 5.

The committee will work with a representative from the Attorney General’s Office when reviewing amendments submitted by parliament members, Hamza said.

“The committee has decided today to work by this plan. My hope is that both the government and other members will send in all the amendments they want within this period of time, and that we will be able to complete this work. Our aim is to table the report by the time parliament reconvenes on March 1,” Hamza said.

Bill rejected by a narrow margin

Hamza said he was “astounded” by the rejection, given that the review committee which had passed the draft was representative of all the political parties.

Members from the government coalition parties had voted against the bill, with Progressive Party of Maldives (PPM) MP Ahmed Mahloof confirming to Minivan News yesterday that a coalition whip-line had been issued for the matter.

In addition to pro-government members, Maldivian Democratic Party (MDP) MP Abdulla Jabir has also voted against passing the Penal Code.

Jabir was not responding to calls at the time of press. However, he is quoted in local media as saying he had voted against the bill as he found it to be “too harsh”.

Two members abstained from voting on whether to return the bill to the committee.

MP Ibrahim Muhthalib refrained from voting, stating that “no human being has the right to rephrase divine laws in Islamic Sharia into separate articles in a law” and that he would abstain from voting on the matter as some scholars believe that participation in such an act may be blasphemous.

While voting records are not yet published on the parliament’s official website, an official confirmed that independent MP Mohamed Nasheed was the second member to have refrained from voting.

MP Nasheed was also not responding to calls at the time of press.

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