Day: December 10, 2014

Parliament reduces Supreme Court bench to five judges

The People’s Majlis has today amended the Judicature Act to reduce the seven-member Supreme Court bench to five judges.

The amendment proposed by opposition Maldivian Democratic Party (MDP) MP Ibrahim ‘Mavota’ Shareef passed with backing from the ruling Progressive Party of the Maldives (PPM) and its ally Maldives Development Alliance (MDA).

46 MPs voted in favor and 19 MPs voted against the amendment.

The MDP had issued a three-line whip against the proposal with opposition leader and former President Mohamed Nasheed claiming the amendment would allow President Abdulla Yameen to stack the bench in his favor.

Shareef himself voted against the amendment.

MDP MP ‘Reeko’ Moosa Manik – who has announced intentions to contest in the MDP’s 2018 presidential primary – voted for the amendment.

He previously described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

According to the amended Judicature Act, a Supreme Court judge can only be dismissed if the judicial watchdog body, the Judicial Services Commission (JSC), decides they are unsuitable for the position.

The JSC must then submit names of the judges to be dismissed within three days of the amendment’s enforcement.

Judges can only be dismissed by a two-third-majority vote of the Majlis. The amendment gives the Majlis a period of seven days to dismiss the judges. Judges who fail the vote will remain on the bench.

The PPM and MDA control a combined 48 seats in the 85-member house.

Three judges sit on the ten-member JSC. They are Supreme Court Judge Adam Mohamed, High Court Judge Abdulla Hameed and Superior Court Judge Mohamed Easa Fulhu.

The amendments also propose the establishment of two additional branches of the High Court in the northern and southern regions of the Maldives.

The two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.

The Supreme Court has recently been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary.  It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

Knaul’s report had detailed the pressing need for judicial reform, noting that the five-member transitional Supreme Court had been replaced by a seven-member permanent bench in 2010 with “no legal or constitutional basis”.

June this year also saw Judge Ali Hameed – a sitting judge at the Supreme Court – cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

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Custom built MWSC panels to arrive in the Maldives

A Sri Lankan Air Force flight is currently on its way to the Maldives from Singapore with custom built panels to replace the damaged panel boards connecting electricity generators and desalination plants at the Malé Water and Sewerage Company (MWSC).

The capital Malé was  plunged into crisis on Thursday (December 4) as a fire at MWSC gutted the desalination plant, leaving 130,000 people without running water, leading to the dwindling of bottled drinking water supplies.

Defense Minister Mohamed Nazim said the two boards will arrive in Malé tonight. Of the nine panel boards, five were functional on Monday and MWSC had started releasing water to households in two three-hour periods in the morning and at night.

However, residents living above the second floor of buildings have said they only receive water for a very short period of time. The MWSC has asked individuals to report issues with water leakages and booster pumps to send an SMS to 1050 with the client’s name and water meter number.

Previously, the government rejected an offer by the Indian government to provide technical assistance in fixing the panels, saying it is seeking assistance from countries that are more technologically advanced.

The government has today announced it has received US$ 5.5 (MVR 84 million) for the ‘Malé water crisis management fund.’

The crisis management fund – which has seen donations from several local corporations and foreigners – was set up by the government with an aim of collecting US$ 20 million (MVR 308 million) to repair the damages at the desalination plant and to fund relief efforts.

Notable local businesses such as Champa Group and Universal enterprises donated US$ 100,000 to the fund, while an unnamed Saudi Arabian donor provided US$ 1 million.

Telecomms company Ooredoo donated US$ 75,000 to the fund. Trans Maldivian Airways (TMA) and State Trading Organization (STO) have also donated funds.

Anti-corruption NGO Transparency Maldives called on the government to display more transparency in order to avoid “economic and political repercussions stemming from the water crisis”.

In a press statement, the NGO urged the government to provide a breakdown of the estimated US$ 20 million needed to overcome the crisis and how the government intends to spend it.

“Furthermore, the decision to seek donations from the public raises questions given that MWSC ins a private profit-making corporation with 80 percent government shares,” said Transparency Maldives.

An Indian flight is also due to arrive today with 50 tons of water while the INS Deepak supplied 400 tons of water straight to MWSC tanks on top of the 1250 supplied two days ago.

Indian High Commission said today that the water relief operations resumed on the request of the Maldivian government.

Opposition Maldivian Democratic Party (MDP) also criticized the fund stating that the government should only demand US$ 20 million after they have decided how it is going to be spent.

“Where is the money going to go to? Why have we not seen a breakdown on how the money is going to be spent? Will this be a new ring in the chain of corruption by the government?” questioned party Vice Chairperson Ali Niyaz.

Former President and opposition leader Mohamed Nasheed has also called for an inquiry into the fire, suggesting that the Danish government previously recommended keeping 21 days of water reserves in the capital.

Transparency  Maldives noted that the crisis had demonstrated “the interminable relationship between good governance and citizens’ right to essential human needs,”  and called for greater regulation of state-owned enterprises.

With 130,000 citizens of the capital left without water, the government has said it could take up to two weeks to fully repair the damage. President Abdulla Yameen has said that there could have been no back up plan for a “disaster of this magnitude”.

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Parliament approves state budget for 2015 with 60 votes in favour

The People’s Majlis today approved the record MVR24.3 billion (US$1.5 billion) state budget for 2015 submitted by the government without significant changes to either spending plans or revenue forecasts.

None of the 19 amendments submitted by opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs to revise the budget passed as pro-government MPs voted against all the proposals.

The ruling Progressive Party of Maldives (PPM) along with coalition partner Maldives Development Alliance (MDA) controls a combined 48 seats in the 85-member house.

The budget passed with 60 votes in favour and 19 against.

The MDP parliamentary group had issued a three-line whip for its MPs to vote against the budget if none of the proposed revisions are passed. All JP MPs, however, voted to approve the budget.

While the budget review committee completed its review process without significant revisions, pro-government MPs recommended several constitutional amendments to reduce recurrent expenditure.

During the budget debate last month, opposition MPs criticised higher taxes, deficit spending and alleged discrimination in the allocation of funds, whilst pro-government MPs praised planned capital investments and contended that the budget was balanced.

In his budget speech, Finance Minister Abdulla Jihad noted that recurrent expenditure in 2015 is expected to be MVR15.8 billion (US$1 billion) or 65 percent of the budget while the forecast for government income or revenue is MVR21.5 billion (US$1.3 billion).

Capital expenditure meanwhile accounts for 30 percent of the budget, Jihad said, which includes MVR6.3 billion (US$408 million) for the Public Sector Investment Programme (PSIP).

Jihad noted that MVR3.4 billion (US$220 million) was anticipated from new revenue raising measures, which includes revisions of import duty rates from July onward, the introduction of a ‘green tax’, acquisition fees from investments to special economic zones, income from the home ownership programme, and leasing 10 islands for resort development.

The government has since decided to reduce the green tax from the initially proposed US$10 per day to US$6 per day and exempt guest houses from the tax.

Additionally, the cabinet’s economic council yesterday decided not to impose a planned 10 percent import duty on staple foodstuff.

However, in its professional opinion on the budget, the Maldives Monetary Authority (MMA) advised against making ad hoc changes to policies that could affect projected revenue and expenditure.

“If policies are changed the budget deficit would increase and become difficult to finance,” the central bank cautioned.

The MMA also advised against launching infrastructure projects without securing financing.

Following its annual Article IV consultation, the International Monetary Fund (IMF) advised that “large capital investments should only be embarked upon when full financing is secured at affordable costs and the growth benefits clearly outweigh the costs.”

The IMF also recommended addressing the fiscal deficit by reducing public expenditure and reigning in public debt.

During the final debate at today’s sitting of parliament on the report compiled by the budget committee following its review, MPs suggested allocating funds in the 2015 state budget to ensure a permanent solution to the ongoing water crisis in the capital.

While opposition MDP MP Ibrahim Mohamed Solih recommended returning the budget to the committee for revisions, several MPs stressed the importance of establishing a backup mechanism to supply water.

MDP MP Ibrahim Mohamed Didi contended that the crisis could have been averted if the fire and rescue service of the Maldives National Defence Force (MNDF) properly carried out its responsibilities.

The MNDF could have conducted a ‘fire audit’ of the Malé Water and Sewerage Company (MWSC) at least once a month in the interest of national security, the retired brigadier general said.

Related to this story

Finance minister presents record MVR24.3 billion state budget to parliament

MDP, JP MPs propose 19 amendments to 2015 budget

MDP parliamentary group issues three-line whip against proposed 2015 budget

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Young men carrying box cutters attack protestors demanding free water

A group carrying box cutters on Tuesday attacked protestors demanding free water in Malé.

Minivan News observed five young men run into the a group of protestors at the junction of Sosun Magu and Medhuziyarai Magu at 10:00 pm, jump onto a truck carrying speakers and vandalize the generator and speakers system.

The protesters were calling on the government to provide free water and reverse its decision to only deduct 30 percent from water bills as Malé’s water crisis enters it’s seventh day.

After vandalizing the speaker system, the attackers ran into the crowd attacking everyone in their path. An elderly woman was punched and thrown to the ground and an elderly man was hit in the face. He suffered a cut to the head.

The woman was immediately taken to the Maldives Red Crescent water crisis headquarters at Majeeedhihyaa School for immediate treatment. She was later transferred to ADK Hospital along with the elderly man for further treatment.

Police officers and some protesters chased the attackers. Police arrested two, while angry protesters caught one more and beat him up severely. The police had to carry the attacker away.

A police media official told Minivan News the three arrested last night are all under eighteen. Two have since been released.

A police officer also sustained injuries to his mouth and nose as he attempted to arrest the attackers.

Opposition Maldivian Democratic Party (MDP) Youth Wing President and senior organizer of the protests, Mohamed Azmeel, said between six and seven gangsters armed with box cutter blades initiated the attack. Minivan News saw the blades on the street after the police arrested three of the attackers.

One protestor told Minivan News that he saw the attackers videoing those who spoke at the protest in order to target key protestors before they attacked

Gangsters also vandalized placards used in the free water protest on the previous night (Decemeber 8).

Azmeel said the rally will continue tonight.

Meanwhile, gang involvement has been speculated behind the torching of the MDP main office on September 29 using molotov cocktails after it was also vandalized on September 24.

Early October, an MDP office in Addu City was torched while masked men wielding wooden planks and batons attacked a party rally. 16 people were arrested that night however the police released nine of them the following day.

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Second Phase of Hulhumalé land reclamation project to begin in late December

President Abdulla Yameen has announced that the second phase of the Hulhumalé land reclamation project will begin this month and that all preparatory measures for the reclamation have been taken.

While speaking at a foundation laying ceremony for 704 new flats built with the Chinese loans, President Yameen said that the dredging boat will arrive late December and start work on the reclamation.

President Yameen also said that the reclaimed land will not only be used for social housing projects, but also for opening investment opportunities for potential investors.

“Majority of the reclaimed land will go towards social housing. However, land will be allocated for luxury apartments and apartments for foreigners who wish to settle in the Maldives,” said President Yameen.

The second phase is to feature a theme park, yacht marina, specialized tourism district and various infrastructure aimed at the youth population.

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20-year-old male arrested in Mafaz murder

A 20-year-old man has been arrested over the brutal murder of Masodi gang member Ahmed Mafaz on December 7.

According to the Maldives Police Services, the man was arrested from Henveiru Bluebird in Malé under a court warrant at 3:35pm on December 9. The police also confiscated several items from the house.

Local media have identified the man to be Mohamed Midhath. He is the only individual arrested over the murder.

Mafaz, also known as ‘Masodi Mafa’, was stabbed to death at approximately 1:45am near the Alora furniture shop in Malé on December 7.

According to eyewitness reports, two men stabbed and beat up Mafaz while another group of men wielding machetes and other sharp weapons vandalised a building belonging to the Masodi gang and threatened to kill everyone inside.

The police said Mafaz died at ADK hospital while being given emergency treatment for numerous stab wounds, including fatal cuts in his neck and shoulders.

The stabbing was reported to the police at 1:45pm. Police took Mafaz to the hospital after stopping a taxi on the street.

The police on Tuesday also arrested a 16-year-old male over the fatal stabbing of 19-year-old Mohamed Aseel on August 23 and a further three men over gang violence near Billabong International School on November 16.

Aseel and two men, aged 20 and 13 years, were attacked near Iskandhar School in the Machangolhi ward of Malé.

Eyewitnesses said a group of masked men stabbed the two men in the back and struck the minor on the head before fleeing on motorbikes.

Aseel died on August 29 at the Indhira Gandhi Memorial Hospital. Doctors reportedly amputated his right leg in an attempt to save his life. He was stabbed six times. The other two did not suffer critical injuries.

The police had previously arrested six men and a minor over the stabbing. All remain in police custody.

The November 16 incident saw a group of men wielding machetes enter Billabong International High School following violence in front of the school. An 18-year-old was arrested from the scene.

Three men were arrested in relation to this incident at 4pm on Tuesday (December 9). They were caught hiding in a house called Aabaaru on Villimalé. They are Shaiban Zufrath, 18 years, of Malé Rosendale, Ulyan Ahmed, 19 years, of Dhambufashuvige of Gaaf Dhaal Gahdhoo Island, and Fassan Waleed, 19 years of Fahudhawadhee in Gaaf Alif Dhaandhoo Island.

Mafaz’s death marks the fifth murder this year.

The ruling Progressive Party of Maldives has submitted amendments to the law prohibiting possession of dangerous weapons – a move which some civil society groups say violates constitutional rights such as the right to remain silent and to retain legal counsel.

The amendment bill states that suspects arrested for assault with sharp objects or dangerous weapons will not be able to exercise the right to remain silent “to any extent”.

Police could also question the suspect if he or she is either unable to have an attorney present within six hours, or waives the right to retain legal counsel.

Moreover, the suspect could only consult a lawyer in the presence of a police officer for the first 96 hours after the arrest.

A joint statement by Maldivian Democracy Network and Commonwealth Human Rights Initiative urged the parliament to withhold from passing the amendments saying that it would “absolutely violate rather than limit fundamental rights of the people”.

Police media yesterday reported that a number of swords were discovered hidden under a car in the Henveiru ward of the capital in the early hours of Tuesday morning.

Head of Central Operations Command Ismail Naveen stated that the police have been working to curb the assaults in Malé by carrying out searches of suspicious individuals and inspecting suspicious locations.


Related to this story

28-year-old man stabbed to death in gang-related violence

Gang assault with machete in Billabong high school

MPs debate restricting constitutional rights after arrest

Yameen pledges to end violent crime at ‘Successful 365 Days’ rally

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Two tourists injured in Huraa Jet Ski accident

Two tourists have been hospitalized following injuries in a Jet Ski accident in Kaafu Atoll Huraa Island.

According to the Maldives Police Services, a Danish woman, 20 years old, and a Danish man, 21 years old, are being treated at Malé’s ADK hospital.

The two were riding two separate Jet Skis side by side and collided when one of the Jet Skis speeded up and attempted to turn around.

The case is under investigation, the police said.

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