Category: Politics

AG’s election intervention constitutional, yet morally questionable: senior legal source

Attorney General (AG) Azima Shukoor’s intervention in a Supreme Court case against the Elections Commission (EC) is constitutional, despite questions over the “moral grounds” for her involvement, a senior legal expert with experience working in government has said.

AG Azima last week intervened in a Supreme Court case filed by the Jumhooree Party (JP) seeking the annulment of the September 7 presidential election.

While the AG herself is not reported to be seeking an annulment of the first round of voting, she has asked the country’s apex court to order the prosecutor general and the police to investigate alleged electoral fraud after noting “serious issues”.

With no constitutional clause requiring the the AG’s involvement in the case, the intervention was made at the personal discretion of Azima, according to the confidential legal source.

The first round of voting has been met with unanimous confidence from local NGOs and international election observers over the credibility of the polls, amidst calls for the the second round of voting to proceed as scheduled.

The run-off vote is presently scheduled to be contested on September 28, between former President Mohamed Nasheed of the opposition Maldivian Democratic Party (MDP) and second placed candidate Abdulla Yameen of the Progressive Party of Maldives (PPM).

“Public interest”

The source – who has served in a senior legal capacity under the last two governments – maintained that the AG was entitled to enter a case she personally deemed to be in the “public interest”.

However, with Azima representing the government, whose incumbent President Dr Mohamed Waheed secured five per cent of the vote in the first round of polls, the legal source said some of his peers were questioning the AG’s mandate to seemingly take sides in the JP’s case.

“Having spoken with other lawyers, how would the AG, who represents a candidate with only five percent of the public vote, decide what is in the public interest [in regards to the election case]? The AG can decide what is in the public interest, but I do not believe she has sufficient moral grounds to do so [with this case],” the source argued.

The same source added that the AG’s role in the ongoing Supreme Court case was complicated by the Maldives’ present lack of general rules or legislation regulating issues such as conflict of interest and similar ethical issues within the court system.

“Problem with the AG is that she is currently the authority on ethics of other lawyers and when to reprimand them,” the legal figure added. “We also lack a legal and judicial culture to really appreciate the idea of professional ethics.”

“No comment”

Rather than appearing to back the grievances of the JP, the senior legal figure said the correct procedure for the AG would have been to provide ‘”no comment” to the court when asked about the capability of the EC.

The source pointed to previous conduct of the Prosecutor General’s Office (PGO) in a case, where the institution had been asked to defend the Maldives Police Service against allegations of arresting people outside of correct procedure.

With the High Court requesting the PGO to answer for police in the case, state prosecutors – concerned the MPS may be at fault – opted to provide a ‘no comment’ on the matter.

The legal source claimed that such a move – based on best practices from across the international community – allowed the courts to infer that police had acted outside of regulations without the PGO taking a side on the matter.

The legal figure also said that, although the AG was permitted to take a side in the case, she should not vocally back a specific party.

AG denies taking sides

Speaking during a Supreme Court hearing on September 18, Attorney General Azima told the court that the state was not taking sides in the legal dispute.

The opposition Maldivian Democratic Party (MDP) decided on Friday (September 20) are currently pursuing a no-confidence motion against Azima, as well as for a change the composition of the Supreme Court bench.

The MDP had  previously accused the Azima of advocating against “the interests of a state institution or the state and in favour of the Jumhooree Party’s self-interest.”

The AG, however, repeated her claims that the her office had come across discrepancies in the voter registry published by the EC prior to the election.

“There were names of underage people in the list. There were names repeated in the list. Unless these issues are resolved before holding the second round of the elections, rights of many voters will be undermined,” Shukoor told the court.

AG Azima and Deputy AG Ahmed Usham were not responding to requests for information at time of press.

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Polls “free and fair,” Elections Commission well-prepared: HRCM

The presidential election on September 7 was “free and fair” and conducted “impartially” in a peaceful environment while the Elections Commission (EC) was logistically well-prepared, the Human Rights Commission of Maldives (HRCM) has concluded in its report on the first round of the polls.

In its report (Dhivehi) made public on Thursday (September 19) following election observation by officials in 11 population hubs as well as prisons, the HRCM recommended that EC officials in charge of ballot boxes should be better acquainted with election regulations as some were “hesitant to take procedural measures.”

“Although problems with the voters registry in boxes observed by the commission were few, existing issues should be resolved to confirm the validity of the voters registry,” the HRCM advised.

“Ballot papers were received in full at all [polling] stations observed by the commission. And, except for two polling stations, the voting booth was placed in a manner that would assure the secrecy of the vote.”

The secrecy of the vote could have been compromised in one polling station due to inadequate space and placement of voting booths while there was insufficient light in a second polling station, the report noted.

Officials from the HRCM observed voting in 25 ballot boxes across the country, including Haa Alif Kelaa, Haa Dhaal Kulhudhufushi, Baa Thulhaadhoo, Male’, Kaafu Maafushi Jail, Dhoonidhoo detention centre, Thaa Thimarafushi, Laamu Gan, Gaaf Dhaal Thinadhoo, Fuvahmulah and Addu City.

The HRCM observers found that campaigning and negative campaigning by political party supporters took place on voting day in violation of election laws.

However, the HRCM concluded that there was a peaceful environment for voting as “no violence, unrest or attempts to influence voting” was observed.

While seating arrangements were made for voters waiting in long queues, “some areas were not sheltered from the sun and rain.”

The HRCM report noted that those suffering from illnesses, the elderly, physically disabled persons, pregnant mothers, police officers on election security-related duty, election officials as well as observers and monitors were given precedence and allowed to vote without waiting in line.

The report also noted that police officers active near polling stations followed instructions from the official in charge of the station.

“It was noted that some observers, representatives, and monitors acted in violation of their ethical standards,” the HRCM found.

Moreover, arrangements were not made to provide easy access to polling stations for persons with special needs, the report noted, while the arrangements that were made for the physically disabled were not sufficient to assure their right to vote.

The HRCM also advised maintaining a consistent measure in all polling stations to determine if a person qualified for assisted voting to ensure that “the person who assists is not able to take unfair advantage or influence the vote”.

While vote counting was “conducted well” by election officials, the HRCM noted that in some instances the declaring of ballots as invalid was “questionable.”

At the conclusion of vote counting, the result sheet was announced in the presence of observers and a copy was made public, the report noted.

Lastly, the commission observed that the public was not allowed access to observe polling stations, which it said would have enhanced the transparency of the process.

A total of 35 complaints regarding the election was submitted to the commission, the report revealed, including 13 cases of people unable to vote and complaints concerning police officers active near polling stations, illegal campaigning, registration issues, and the conduct of election officials and observers.

Complaints regarding the voters registry included a person who was not a resident of a home included in the registry under that address and two persons re-registered without their knowledge.

In addition, one person submitted a complaint alleging that his or her name was not in the registry at all.

“Of the 35 complaints submitted to the commission, we note that 13 persons were deprived of their right to vote,” the report stated.

The HRCM report noted that more than 4,000 election officials were involved in conducting the polls while 2,234 observers from political parties, private organisations and individuals as well as 1,642 monitors were registered to observe the voting process.

In addition, 1,344 representatives of presidential candidates and 133 foreign observers were active on voting day.

Meanwhile, in the aftermath of the September 7 election, the Jumhooree Party (JP) – whose candidate Gasim Ibrahim narrowly missed out on the second round run-off with 24.07 percent of the vote – alleged vote rigging by the EC and sought annulment of the results by the Supreme Court.

However, both domestic and international observers have praised the EC for its conduct of the polls, with Transparency Maldives (TM) last week calling on political parties not to undermine the credibility of the results without evidence.

TM deployed the single largest team of election observers with 400 monitors across the country, which found that “only 0.2% people were turned away because their names were not on the registry” and that there no observed incidents “of double voting, impersonation, underage voting or of indelible ink washing off.”

“In view of the cases submitted and allegations made at the High Court and Supreme Court of the Maldives regarding systematic vote rigging, Transparency Maldives notes that it did not find any evidence that support allegations of systematic election day fraud during the nationwide observation,” TM stated.

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MBC cancels presidential debate between run-off candidates

The Maldives Broadcasting Corporation (MBC) has announced that it has cancelled the scheduled presidential debate between the two candidates competing in the run-off election of the presidential election, which had originally been scheduled to take place next Monday night.

Maldivian Democratic Party (MDP)’s candidate Mohamed Nasheed will face Progressive Party of Maldives (PPM) candidate Abdulla Yameen in the run-off vote on September 28.

Former President Nasheed won 45.45 percent of the popular vote or 95,224 votes while PPM Candidate Yameen came second with 53,099 votes.  The Jumhooree Party (JP) leader Gasim Ibrahim secured 50,422 votes to finish the race in third position while incumbent President Mohamed Waheed finished at the bottom with 10,750 votes – 5.13 percent of the popular vote.

In a press statement released on Sunday, the state broadcaster announced that the debate had to be called off after Nasheed’s office had informed them that it was very difficult for the former president to give time for the debate while campaigning.

The statement also said that the PPM had informed the MBC that Yameen was prepared to take part in the debate.

“Therefore, it is with great sadness to announce that the MBC and the Maldives National University will not be able to hold a presidential debate between two candidates who are contesting in the run-off elections,” read the statement.

According to the MBC, the debate had been fashioned to ask questions on areas such as the economy and health care, and the candidates would be given the opportunity to explain their policies on each subject.

MDP Spokesperson Hamid Abdul Ghafoor told Minivan News that the MBC had informed the parties that there was to be a debate with just two days’s notice. Such a short period of time, Ghafoor said, was not adequate for the party prepare for such a serious debate.

“For a large democratic political party such as ours, we simply cannot go over there and speak anything. It requires preparation, committee meetings within the party. We don’t want to go there unprepared,” Ghafoor told Minivan News.

He added that even for the previous debates, two of the party’s permanent committees had jointly worked in preparation for the debate.

“This is what happens when [debate organisers] seriously lack the understanding of how things work in a democratic culture. They should be more organised than this,” he said.

The MBC successfully hosted two national debates – one, with all presidential candidates and the other with all the running mates.

During each debate, moderator Heena Waleed posed questions to the participants on areas concerning education, health and economy, development and social protection. The MBC claimed that the questions were based on a survey done by the Maldives National University (MNU) on citizens’ concerns.

The run-off is scheduled for September 28, though subject to an ongoing Supreme Court case filed by the JP against the Elections Commission requesting the court to annul the first round in which the party placed third.

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Prosecution calls for for retrial of Deputy Speaker’s corruption case

The High Court has concluded hearings into a case in which Progressive Party of Maldives (PPM) MP and Deputy Speaker of Parliament Ahmed Nazim stands accused of defrauding the now defunct Atolls Ministry, a scam worth US$260,000 (MVR 3,446,950).

The case was first filed at the Criminal Court which ruled that Nazim’s actions were not sufficient to criminalise him. The case was appealed in the High Court by the Prosecutor General.

The Prosecutor General’s lawyers today told the High Court that Nazim used the staff of his Namira firm as tools in the scam, after the staff told the investigation that they did not know of the existence of the unregistered companies used by Nazim.

According to media outlets present at the hearing the PG’s lawyers requested the High Court order the Criminal Court to cancel the previous verdict and conduct a retrial.

Nazim’s lawyers meanwhile said it was unfair that the state was charging only Nazim in the case, despite the allegations that the staff had acted as accomplices. Nazim’s lawyers also accused the state of trying to defame Nazim.

The judges presiding over the case concluded the hearing announcing that this would be the last hearing unless the court needed any clarification.

At a press conference in August 2009, Chief Inspector Ismail Atheef said police had uncovered evidence that implicated Nazim in fraudulent transactions worth over US$260,000 (MVR 3,446,950).

Police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques they stated proved that Nazim had received over US$400,000 in the case.

A hard disk seized during a raid of Nazim’s office in May the same year allegedly contained copies of forged documents and bogus letterheads.

Fraud charges were also filed against Atolls Minister Abdullah Hameed (half brother of former President Maumoon Abdul Gayoom) and Eydhafushi MP Ahmed “Redwave” Saleem, former director of finance at the ministry who were implicated in the same case.

Police further alleged that MP Saleem actively assisted from the atoll ministry while Nazim’s wife Zeenath Abdullah had abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and discriminatory treatment of bid applicants.

During the original trial held at the Criminal Court the then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the presiding judge concluded from their testimonies that they were responsible for the procurement fraud and therefore dismissed the testimonies against Nazim on all counts.

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Extraordinary Majlis session cancelled amid chaos, vandalism in chamber

An extraordinary meeting of the People’s Majlis was cancelled today after Speaker Abdulla Shahid’s microphone was vandalised during a Progressive Party of the Maldives (PPM) and Jumhooree Party (JP)-led effort to disrupt parliamentary proceedings.

Twenty-nine MPs of the Maldivian Democratic Party (MDP) had asked Shahid to schedule an extraordinary sitting claiming certain politicians were “destroying constitutional tenets and straying from the path of democracy”, as the JP seeks to annul the first round of September’s presidential polls in the Supreme Court.

Vilifushi MP Riyaz Rasheed and Gemanafushi MP Ilham Ahmed blew on whistles and vuvuzelas as PPM and JP members raised numerous points of order and shouted “rigged vote.”

Shahid took a short break at 10:00am to speak with Parliamentary Group leaders, but was unable to reconvene the session after a cable on his table microphone was cut.

The MDP – which placed first with 45.45 percent of the vote – has said it will table a no confidence motion against Attorney General Azima Shakoor after she intervened in support of the JP and change the composition of the Supreme Court bench.

The MDP and its recent ally the Dhivehi Rayyithunge Party (DRP) control a majority in the Majlis with a combined strength of 39 of the 77 MPs.

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Economic diversification vital for food and energy security, says government report

The Maldives continues to face huge issues of food security, last year importing 90 percent of all goods consumed, while also being one of the most “oil vulnerable” countries in the world, according to a government report calling for significant economic diversification.

According to the Maldives Economic Diversification Strategy (MEDS), released last week, the nation has become “over-dependent on tourism”, with the industry last year accounting for more than two thirds of the Maldives’ Gross Domestic Product (GDP).

The report concluded that such a reliance on one sector alone had left the country’s economy particularly susceptible to natural disasters and adverse financial conditions.

“The Maldives needs to bridge swiftly the gaps that are emerging from the short-term political aims and the long-term economic goals,” stated the report’s introduction.

“Our vision for the Maldives is to become a high income, resilient, inclusive economy by 2025,” it added.

The MEDS reported that fuel imports last year totaled US$488 million or 22 percent of annual GDP.  Meanwhile, US$389 million was spent bringing food into the country in 2012 – with demand predominantly made up of US$64 million in confectionery and beverages; US$60.1 million in meat, fish and seafood; and US$49.3 million in vegetables, root crops and spices.

The country’s official external debt was also said, on the basis of official figures, to have “increased significantly” to US$846.2 million – 38 percent of GDP – by the end of 2012, from US$ 959.1 million – 43 percent of GDP – in 2011.

Financial challenge

The government earlier this month said it hoped to secure longer-term financing to plug a shortfall in annual revenue that has seen the number of 28-day Treasury Bills (T-bills) sold by the state almost double by July 2013, when compared to the same period last year.

The comments were made just weeks after the Maldives Monetary Authority raised fears over the current “beyond appropriate” levels of government expenditure during 2013.

” Broad-based” economy

In an attempt over the next decade to transform the Maldives into one of Asia’s so-called “miracle economies”, such as Singapore and Hong Kong, the MEDS report, compiled by the Ministry of Economic Development, has outlined a ten sector strategy towards making the Maldives a “broad based export driven economy.”

“After having enjoyed rapid economic progress over three decades, our economic conditions changed dramatically following the Indian Ocean tsunami,” stated the report, which calls for a smaller, more prudent government moving forward.

“Since 2005, economic policy making in the Maldives has focused on crisis management. What is needed in the Maldives now is to move away from crisis related adhoc decision making to a clear vision, coherent strategies and coordinated policies.”

The MEDS report contained 10 sector specific plans for development of a more versatile economy. These include:

Transport

The government has pledged to boost the importance of transportation services to the economy by increasing their value to US$500 million by 2025 – from US$153 million last year.

According to the report, this focus will be achieved through expanding the capacity of existing transport hubs such as Ibrahim Nasir International Airport (INIA) and developing cruise ships terminals and a marina.

Despite this pledge, the government controversially scrapped a US$511 million contract signed under the previous administration with India-based infrastructure group GMR to develop and manage an entirely new airport terminal at INIA.

Earlier this week, Economic Development Minister Ahmed Mohamed was quoted in local media of accusing the former government of working to make the Maldives “an economic slave” to an unspecified foreign company.

Education

In the field of education, the government report has pledged a strategy of trying to develop higher education as a “priority expert sector” by working to transform the Maldives into a destination capable of attracting 15,000 international students a year.

Trade

For trading strategies, the MEDS has targeted developing local trade to increase value to US$500 million, from just US$96 million last year, partly through a focus on developing malls, boutique stores and e-shopping.

Tourism

In tourism, the Maldives will aim to nearly double current income value by 2025 through strategies to diversify into providing meetings, incentives, conferencing, and exhibitions – (MICE) facilities – in addition to wellness tourism and family orientated attractions.

The government has previously expressed a desire to commit to a number of these developments including the expansion of biospheres and developing other “value-adding” concepts via the Maldives’ fourth official tourism master plan, expected to be unveiled later this month.

The MEDS report anticipated that such developments would help increase the economic contribution of tourism to US$1.2 billion by 2025, from around US$555 million in 2012.

Health

The report has also pledged to develop the Maldives as a destination for international healthcare services via measures such as creating a medical college and a teaching hospital.

In June, the Ministry of Health identified current salary levels and staff safety as the key issues driving “shortages” in the number of trained medical staff coming from abroad to work at under-skilled hospitals in the Maldives.

Financial services

MEDS also expressed a desire to increase the financial service industry’s value to US$250 million by 2025 through the development of legal reforms and wider efforts to attract international banks to the Maldives.

The Maldives National Chamber of Commerce and Industries (MNCCI) argued in July that the country’s politicians had done little to address an ongoing shortage of US dollars and a lack of investment banking opportunities and arbitration legislation in the country.

Communication

The report pledges a strategy of increasing communication service value to US$500 million by 2025 – from US$159 million last year – by pursuing the development of IT parks in the nation as well as providing resorts specifically for research sabbaticals.

Agriculture

The MEDS also pledged to facilitate a means of boosting agricultural production to a value of US$ 150 million by 2025.

Campaigning back in May for the opposition Maldivian Democratic Party (MDP), former President Mohamed Nasheed unveiled an election strategy on the island of Kulhudhufushi in Haa Dhaal Atoll, that he claimed could lead the country to produce about 44 percent of the foodstuffs currently being imported into the country.

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Elections Commission asks Adhaalath Party VP to explain “irreligious” allegations against Nasheed

Adhaalath Party Vice President Dr Mauroof Hassan has said the Elections Commission Complaints Bureau has sent him a second request asking him explain his justifications for calling Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed ‘ladhini’ (irreligious).

Mauroof said that although the EC had asked him to provide a response before 12:00pm Sunday (September 22), he had not yet sent a reply.

“I am currently working on drafting a response and will send it in when I am able to complete it,” he told Minivan News, adding he could not say how long this might take.

Mauroof said the letter had been sent regarding a complaint received by the EC Complaint Bureau concerning remarks he had made against Nasheed at a Jumhooree Coalition rally on September 10.

The AP Vice President has told local media that regardless of how much he and his words were investigated, he will not stop referring to Nasheed as an “irreligious man”.

He further alleged that Nasheed was to be called ‘ladhini’ alleging he was harassing the religion of Islam, disregarding of religious matters and attempting to the role of Islam by separating state and religion.

Mauroof alleged that the independence of the EC could now be questioned as a result of its decision to look into the matter of Nasheed being called ‘ladhini’.

He further alleged that the MDP had on February 8, 2012, set ablaze many state institutions in various parts of the country and committed a multitude of other illegal acts, adding that he is “astounded by the EC’s complete silence” regarding these actions.

He expressed deep concerns, alleging that based on the EC’s actions, he currently sees it as a commission filled with members who are actually activists associated with MDP.

“Adhaalath does not understand democracy”: MDP MP Hamid

Speaking about the matter, MDP MP and Spokesperson Hamid Abdul Ghafoor described the AP Vice President’s words as “nothing but meaningless rhetoric”.

“The Adhaalath Party has never managed to get elected to the parliament or councils or such post. Their political failures are a result of their lack of understanding of how democracy works. They simply are unable to comprehend it,” he stated.

“Their description of EC as an MDP campaign office further displays their ignorance on how independent commissions work. The EC will look into any acts which are unconstitutional and against the election related laws and regulations. This is why they are looking into this specific case too.”

Elections Commission President Fuwad Thaufeeq and Vice President Ahmed Fayaz were not responding to calls at the time of press.

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Week in review: September 13-21

Following a full week of hearings into the Jumhooree Party’s election complaints, the High Court granted the party’s request to view the offending register – under supervision- though the party is still seeking greater access in order to prove its claims regarding fraudulent voters. Meanwhile, the Supreme Court accepted to hear the JP’s case seeking to annul the first round altogether.

After hearing the claims of former Attorney General – and vice-presidential candidate – Dr Hassan Saeed, which included deceased, repeated, and fake voters, the court ordered that the Elections Commission (EC) hand over the voter registry for inspection. Repeated calls to respect the outcome of the election from across the international community failed to impress Dr Saeed.

Maintaining that all allegations are without merit, the EC continued to prepare for the upcoming second round – scheduled for September 28 – officially announcing the first round results despite the JP’s attempts to delay.

The barrage of criticism, particularly from Gasim’s own Villa Television (VTV), led the EC to warn the Majlis that national security could be damaged by “unfounded claims of corruption”.

The national broadcasting commission began looking into VTV’s reporting of unsubstantiated content this week, whilst the police finished looking into the content of the EC’s rubbish, finding no incriminating documents.

Further protests against the EC have been promised by religious civil society groups. The conservative Jamiyathuh Salaf group singled out the Maldivian Democratic Party (MDP) for criticism in a nationally televised sermon that resulted in broadcasting commission being called before the Majlis once more.

The police appeared to have been drawn into the dispute as an alleged police intelligence document emerged on social media, alleging “some opportunity for fraud” and “illegal voting”. The report was quickly disowned by the police and condemned by the MDP, who also called the Majlis to reconvene tomorrow (September 22) in order to stop “undue influence of political parties in the judiciary”.

Elsewhere in the country, the police in Addu City searched a number of homes as part of their election security operation, whilst fears over black magic persisted in Guraidhoo – the local council refusing use of the school for polling.

President Dr Mohamed Waheed’s Gaumee Ittihad Party (GIP) followed its former coalition partner – the Dhivehi Rayyithunge Party (DRP) in choosing a candidate to back in the endangered run-off. Waheed’s party chose to support the Progressive Party of Maldives’ candidate in round two, whilst the DRP leaders were paraded before MDP supporters following last week’s decision to lend support to former President Mohamed Nasheed in the race – a decision that resulted in the sacking of DRP minister Ali Shareef.

Nasheed visited the house of JP leader Gasim on Thursday though the JP insisted no decisions on future alliances would be made before the courts have finished their work. When addressing a youth forum earlier in the week, Nasheed had expressed confidence that Maldivian democracy could withstand a handful of coups and rigged elections.

Disabled Maldivians demonstrated this week against the impending closure of the country’s only school catering to those with special needs, whilst the pervasiveness of politics was revealed as deaf interpreter Shaheez Abdulla gave an account of his recent stabbing.

The ongoing case of former Civil Service Commission Chair saw his access to the commission as well as his salary revoked after Mohamed Fahmy Hassan had continued to come into his former workplace.

Finally, details were revealed of the government’s cancellation payments to forensic accountants Grant Thornton as well as the circumstances of Swedish nationa Filip Eugen Petre’s flight from the country following his acquittal of charges relating to the deaths of a British couple in 2011.

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MDP proposes changes to Supreme Court bench and no-confidence motion against Attorney General

The opposition Maldivian Democratic Party (MDP) decided during a contingency meeting of the party’s national council on Friday (September 20) to pursue a no-confidence motion against Attorney General (AG) Azima Shukoor and change the composition of the Supreme Court bench through legislation.

The meeting took place after three consecutive days of lengthy Supreme Court proceedings of a case filed by the Jumhooree Party (JP) against the Elections Commission (EC) seeking annulment of the first round of the September 7 presidential election. The Supreme Court hearings adjourned for the weekend on Thursday.

At its meeting yesterday, the MDP national council adopted a resolution to undertake all necessary efforts to ensure that the presidential election would be free, fair and transparent and “decided only by the vote of the people and not by the courts”.

The resolution submitted by MDP MP Ahmed Hamza was passed with unanimous consent of all 51 members of the national council in attendance.

‘Certainty of the margin’

During the debate on the resolution, the MDP presidential candidate former President Mohamed Nasheed said it was important for all political parties – including the JP – to have no doubts over the integrity of the electoral process.

Nasheed said that the JP’s main issue was the narrow margin of 1.28 percent – a difference of just 2,677 votes – between its candidate Gasim Ibrahim and the Progressive Party of Maldives (PPM) candidate Abdulla Yameen Abdul Gayoom.

For the JP to accept the narrow margin, Nasheed said that the registry of voters had to be checked to verify the JP’s claim that ineligible voters were on the list.

Nasheed noted that the EC had published the registry in the government gazette for public scrutiny, after which the MDP had identified some 800 people in the list that were either deceased, underage or repeated more than once.

The question that has to be answered, said Nasheed, is whether more than 2,000 people who were not eligible to vote had cast their ballots.

The former president expressed confidence that electoral fraud had not occurred in the September 7 election even if there were problems with the voters registry.

Altering Supreme Court composition

“As experts are noting that some judges on the Supreme Court bench lack certain kinds of legal knowledge and experience, it is our view changes has to be made to the composition of the Supreme Court’s bench. That is, by amending the Judges Act,” Nasheed said.

Shortly before the MDP government was toppled on February 7, 2012, the party proposed a bill to amend the Judicature Act that would reduce the number of judges on both the benches of the Supreme Court and High Court.

MDP Spokesperson Imthiyaz Fahmy told Minivan News at the time that the amendments had been forwarded due to inefficiency of both the High Court and the Supreme Court in concluding cases.

In March 2013, the MDP national council, following a controversial Supreme Court ruling that overturned parliament’s decision to vote out Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan on sexual harassment charges, passed a motion calling on its parliamentary group to seek to abolish the existing Supreme Court bench and replace it with a new panel of judges, including foreign judges.

Meanwhile, during Friday’s national council meeting, Nasheed also stressed the importance of speeding up the process of appointing a parliament representative to the Judicial Service Commission (JSC). The seat reserved in the JSC for a member of parliament was declared vacant after JP Leader Gasim Ibrahim formally became a candidate of the presidential election.

No confidence motion against Attorney General

During the debate, MDP MP Ahmed Sameer announced that the MDP parliamentary group has prepared a no-confidence motion against Attorney General Azima Shukoor.

Sameer contended that the Attorney General neglected her duties and has advocated on behalf of a political party against the EC, a state institution.

A special sitting of parliament during its ongoing recess has been scheduled for Sunday upon request by 29 MDP MPs.

Deputy leader of PPM’s Parliamentary Group Moosa Zameer told local media outlet CNM today that the PPM would not support such a motion against Shukoor in parliament.

Zameer said that although the PPM had not taken an official stand on the matter, the party would not support removal of its former council member.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which recently decided to back former President Nasheed in the run-off election – the MDP would have enough votes in parliament to pass the no-confidence motion.

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