Haveeru Chairman Dr.Zahir appointed as university chancellor

President Dr Mohamed Waheed has appointed the chairman of local newspaper Haveeru, Dr Mohamed Zahir Hussain as the chancellor of the Maldives National University. The presentation of the letter of appointment was held this afternoon at the President’s Office (PO).

Dr.Zahir served as the Minister of Education for more than 11 years under former President Maumoon Abdul Gayoom’s administration.

Furthermore, under the same administration, he had also served as the Minister of Youth Development and Sports, the President of the Maldives College of Higher Education, Special Advisor to the President, and Senior Minister at the President’s Office.

According to the PO website, speaking at the ceremony, the President noted Dr.Zahir’s services in the education sector of the country and expressed his confidence that Dr Zahir Hussain would apply his vast experience for the advancement of the National University.

Zahir’s appointment comes following the resignation of Dr.Musthafa Luthfy, who resigned from the post on February 19.

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EC employees strike over pay, demands resignation of 3 members

Employees of the Maldives Elections Commission (EC) have halted work this afternoon in a dispute over pay, while also demanding the resignation of three commission members they accuse of bias.

Around 45 EC employees who attended office today halted work at 2pm and moved to the commission’s meeting room where they staged a sit-down strike.  The list of reasons for the strike  were displayed on a projector screen, according to a senior employee who spoke to Minivan News on condition of anonymity.

The list included five separate accusations:

1.Employees doubt the impartially of commission members

2.Intimidation of staff

3. Lack of appreciation of staff

4. Making baseless accusations against employees

5. Commission members working for self-interest in violation of laws and regulations.

The strike concluded at 4pm today, though is scheduled to continue during tomorrow’s office hours, the employee noted, “until the commission agrees to the demands”.

“We are are mainly dissapointed over our pay, which is much lower than what the employees of other independent institutions are earning”, the employee claimed. “We receive 45 percent of our salaries as an allowance because the job prohibits us from working anywhere else and restricts our political freedom to prevent conflict of interest”

“Therefore, we are asking the commission to give us a monthly living allowance equivalent to that of Civil Service Commission (CSC)’s employees” the EC employee explained. “The living allowance will be a maximum of Rf3000 [USD194] only.”

Furthermore, he alleged that staff had serious concerns over the “lack of integrity and independence” of three members of the five seat commission; Mohamed Farooq, Ali Mohamed Manik and Ogaru Ibrahim Waheed.

“They are not working impartially,” he claimed, adding that Farooq had argued against giving living allowances to employees. “But if you look at the audit report alone, the members have spent thousands in violation of the public finance regulations in buying mobile phones, ipads and covering phone allowances”.

“We are demanding the resignation of Farooq, Manik and Waheed if our demand for living allowance cannot be fulfilled,” he added.

Minivan News could not reach commission president Fuad Thaufeeq or deputy Ahmed Fayaz Hassan at the time of press.

However, both were quoted in the local media saying that discussions were ongoing over releasing living allowances to the commission’s employees.  A final decision has not been made on the matter.

The pair have not responded to allegations of bias directed at three members of the commission.

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Police claim 99 arrested following yesterday’s unrest

Police have reportedly arrested 99 people following violent confrontations yesterday during protests led by the Maldivian Democratic Party (MDP) to disrupt President Dr Waheed Hassan Manik’s presidential speech.

Police have told local press that 80 men, 13 women and six minors were among those who were arrested.

Of those arrested, 14 suspects were said to have tested positive for illegal drugs, though security officials did not specify what substances were have said to have been found.

Speaking to the press yesterday Police Superintendent Ahmed Mohamed claimed that the demonstrations taking place near parliament were at first peaceful.

However, Mohamed added that the protests turned violent after demonstrators attacked officers and entered in to the green zone.

He said security forces attempted to disperse the crowd, but protesters then used pavement bricks and other objects as weapons to attack the security forces.

During the clashes,  Villa TV[VTV], owned by MP ‘Burma’ Gasim Ibrahim, the leader of the Jumhoory Party [JP] – part of Dr Waheed’s government coalition – was vandalised by the protesters.

Mohamed said the attack was itself an act of terrorism and that those involved should receive the harshest punishment possible.

He said 11 police officers were injured and one with serious injuries has been now sent abroad for treatment.

A police spokesperson today told Minivan News that some of the arrested persons have been taken to the court for an extension of their detention period.  The police official was unable to specify the exact number of people who were facing extended detentions at present.

‘’It is very difficult to say at the moment because I am not quite sure about the figures,’’ he said. ‘’This evening we will provide details of the arrests.’’

Protest camp

Police also yesterday dismantled a protest camp site near to the Tsunami memorial that had been home to some MDP supporters originally from islands around the country without any prior warning.

The area was cleared; with people inside moved by police back behind a blockade at the entrance of the surfpoint.

Normality appears restored as of today though, where there is not a single Maldivian Democratic Party (MDP) flag or a trace of the colour yellow seen in the area when the police left.

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Commonwealth envoy criticises conduct in parliament, MPs raise bribe allegations

The Commonwealth has expressed disappointment at attempts to stifle parliament yesterday in a week that has seen the international organisation facing allegations it had been bribed by anti-government supporters.

Having witnessed the chaotic protests that occurred inside the Majlis yesterday as Maldivian Democratic Party (MDP) MPs heckled and unsuccessfully tried to prevent President Waheed from giving an address, Special Envoy Sir Donald McKinnon issued a statement criticising the developments.

As well as stressing disappointment at the “manner” in which the opening session of parliament was conducted yesterday, the special envoy also raised concerns over the “security situation” in the nation.

McKinnon therefore called for maximum restraint from all sides of the political spectrum after violent clashes between civilians and security forces gripped the capital.

The statement comes on the back of a controversial few days for the Commonwealth and its relationship with the Maldives, with the organisation accused of political bias and even taking bribes by the MDP.

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed has claimed the opposition MDP have bribed the Commonwealth after the body’s Ministerial Action Group (CMAG) called for early elections on Friday.

CMAG—the Commonwealth’s democracy and human rights arm—said elections were necessary to legitimise the executive after former President Mohamed Nasheed alleged his deposition on February 7 was through a bloodless coup d’état.

Speaking on local television Dhi TV’s “From the News” programme on Saturday, Riyaz also accused the CMAG of intimidation, called the British Queen “physically challenged” and said the United Kingdom was “not a democracy.”

Riyaz was joined by Progressive Party of the Maldives (PPM) MP Ahmed Mahloof, who threatened the country could potentially leave the Commonwealth should the intergovernmental organization repeat its call for early general elections.

Riyaz’s DQP is among the alliance of seven parties that support President Mohamed Waheed Hassan Manik.

Bribery and Intimidation

CMAG—authorized to assess infringement of the Commonwealth’s political values—has come under intense criticism following its call for early elections. The Maldives government called the CMAG’s statement “biased” and said it may reconsider its membership in the commonwealth.

Riyaz said the CMAG representatives in the Maldives “were slaves who have been bought by the MDP”, and only wanted to “reinstate the MDP to power”.

British citizens had supported and financed the MDP’s rise to power in return for permission to establish churches in the Maldives, he claimed. He also said the British hated the Maldives for having gained independence.

“What have the Commonwealth done for us? Why do we have to comply with them? That is the question. The English hate us. Why? Because Ibrahim Nasir saved us from slavery and brought us independence, since then what have the English done for us?” he said.

The CMAG’s elections calls were an act of intimidation, Riyaz said. “They come here and intimidate us, intimidate the president, intimidate the political parties, we will not be intimidated. This government will not be intimidated. The political parties will not be intimidated”.

“We know what the commonwealth is concerned about,” he said, “We know the current president [Waheed] will not drink alcohol from the same cup with them [as Nasheed did]”.

Riyaz repeated the government’s stance that early elections can only be held after constitutional amendments.

“Has the Commonwealth lost all sanity?”

Riyaz claimed the MDP was a terrorist organisation and condemned CMAG’s allegd lack of criticism at the time regarding MDP’s continued protests. “Has the Commonwealth lost all sanity? Are they sane? Are they sane? Is the Commonwealth sane? Who gave them visas to come here? They must not be allowed here,” he said.

The CMAG’s lack of action over the detention of senior then-opposition leaders during Nasheed’s administration were further evidence of their bias, he suggested.

He also appeared to threaten the CMAG saying, “I say very firmly and clearly, if they want to have security and leave safely, there are certain sovereign issues that they must not interfere with, if they were to, we are Maldivians, we will not be submissive.”

The Commonwealth Secretary General’s special envoy to the Maldives Sir Donald McKinnon arrived in the Maldives on Friday to resolve the current political crisis. He met with former President Nasheed on Saturday and met with President Waheed on Sunday.

The body suspended Fiji in 2009, after the country’s military seized power in 2006.

The Queen is “Physically Challenged”

Riyaz attempted to discredit the Commonwealth’s commitment to democracy by slandering the British Queen and claiming the UK was not a democracy.

“Look, the Queen has been in power for 50 years. Is that good? No, that’s inappropriate. If we wanted to point fingers, we can,” he said.

“Ater 50 years, the English Queen, she is physically challenged. But she is still Queen, and if she wants she can remove the Prime Minister. Where is democracy? Where is democracy? That is not a democracy,” he added.

Ironically, he also said he planned to submit a bill to parliament to give former President Maumoon Abdul Gayoom the same status and respect as the Queen since Gayoom had ruled the country for 30 years and was responsible for all development the country had seen.

Commonwealth Membership

Gayoom’s PPM MP Mahloof said he also “shared Riyaz’s frustrations.” However, he appeared to be more diplomatic highlighting the Commonwealth’s assistance during the drafting of the new constitution.

He echoed Riyaz in saying early elections would destroy the constitution.

“Their help and support is very important,” he said. “But if they tell us to destroy the constitution, we can only say sorry! For example, if the Commonwealth’s final decision is that we need to hold elections before 2013, then we will leave the Commonwealth before they suspend us! Why not?”

Mahloof said he believed the MDP’s only hope now was the Commonwealth with the party stepping up its protests over the past week to influence the CMAG’s decision.

“If the Commonwealth’s decision is to suspend Maldives, then I believe the Maldives should not join the Commonwealth ever again. We saw why the Commonwealth suspended countries such as Pakistan. [Military] went out with guns and shot [people], that was the level at which government was changed. It did not reach that level here,” he said.

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Superindendent of Police promises quick response to violence

Police Superintendent Ahmed Mohamed has promised swift justice for those believed to be  responsible for the violent clashes that accompanied the opening of the People’s Majlis.

“The masterminds who planned and orchestrated the violence would be arrested soon and we would probe the matter very seriously,” Ahmed said at a press conference last night.

During the conference, it was revealed that 11 police officers had been injured after the day’s unrest, with one in a critical condition.

The dismantling of the Maldivian Democratic Party’s (MDP) camp was explained as a response to criminal incidents such as yesterday’s violence, which the superintendent alleged had originated from the area.

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Police confirm rubber bullet use as violence rocks Male’

Police officials today confirmed the use of less-lethal weapons including pepper spray, tear gas and, in one confirmed case, rubber bullets during violent clashes with civilians in Male’.

However, the country’s security forces insisted they had employed a policy of “minimum force” against anti-government protesters.

Despite international calls for calm, and pledges to conduct peaceful anti-government protests, images of violence were the one constant across all Maldivian media as President Dr Mohamed Waheed Hassan was finally able to give his state of the nation address.

The president still required several attempts, having to shout over loud heckling and protests by several Maldivian Democratic Party (MDP) supporters to get the job done.

Chaotic scenes – more often that not of a violent nature – took place both inside and out of the country’s parliament as bitter political divide stemming from allegations that Waheed replaced Mohamed Nasheed as the country’s president in a coup d’etat, appeared to escalate.

Rubber bullets

A spokesperson for the Maldives’ Police Service told Minivan News that amidst the day’s violence, there was one confirmed case of rubber bullets being used during the afternoon in order to stop an individual accused of taking a police vehicle from near the now-demolished MDP protest camp.

The spokesperson added that the exact details of whether or not the suspect hit by the projectile was an anti-government protester had not been confirmed at the time of going to press.

When contacted by Minivan News, Maldivian National Defence Force (MNDF) spokesperson Colonel Abdul Raheem added that he was not aware of any incidents of military officers using rubber bullets against civilians during the day. However, he did stress that as a so-called less-lethal weapon, rubber or plastic bullets were options the military were authorised to use as a means to restore order.

Majlis trouble

With President Waheed facing calls from international bodies such as the European Union and the Commonwealth, as well as the opposition MDP to hold fresh elections over the controversial transfer of power that brought him into office, a mixture of violence and heckling erupted in parliament.

Several international observers were reported to have been looking on from the public galleries, according to a source present during the session.

Some media outlets reported that several MDP MPs were injured during minor scuffles that broke out in the Majlis chamber as protesters faced expulsion for continuing to block Waheed.  MDP party members alleged that it was the MNDF that was responsible, a claim refuted by military officials.

An MDP member claimed that at one point around 20 MNDF soldiers entered parliament, attacking MDP members, including Baarashu Dhaaira MP Shifaz.

Shifaz was alleged to have been beaten unconscious before being removed from parliament by MNDF officers with a broken leg.

After several attempts by the President to complete his speech, a task frequently interrupted as Parliamentary Speaker Abdulla Shahid’s was forced to fulfil his constitutional duty to remove disruptive MPs from the Majlis, Waheed was able to continue only by shouting over his dissenters.

Waheed had been prevented from delivering his speech at the previously scheduled opening of parliament of March 1.

Once the Majlis session was concluded, Maldivian Democratic Party spokesperson Imthiyaz Fahmy said the party did not take pride in obstructing parliament, but had felt forced to do so due to its dissatisfaction with the nature of Waheed’s accession to the Presidency.

Fahmy claimed the party would now work both inside and outside of parliament to achieve early elections. Waheed later issued a statement claiming he would work with all political parties to ensure early elections if such a thing was “required”.

A spokesperson for the President was unable to clarify exactly what sort of requirement he was referring to when contacted by Minivan News.

“This is the time for all of us to work together in one spirit, the time to bring political differences to the discussion table in order to formulate solutions,” stated Waheed. “I fully assure you that I will not order anyone to act against the constitution or laws of this country”.

In the streets

Any hopes for more orderly demonstrations at protests outside of parliament were also dashed as violent chaos ensued in the streets.
Groups of anti-government protesters left the MDP camp by the Tsunami memorial just before 9.30am and were firmly entrenched at two of the police’s many barricades by 10am with all routes to the Majlis blocked.

While those to the east of the Majlis building demonstrated peacefully with a sit-down, the far larger group advancing on the blockade to the south appeared more confrontational in their approach.

The activities of this group eventually prompted the use of tear gas by police, which drove the group away from the police lines.

This tactic then brought the group into direct confrontation with soldiers who were protecting the studios of Villa Television (VTV).

In the meantime, fire fighters struggled to control a blaze at Neelan Fihaara on the other side of town situated next to a police garage. The cause of this fire is not yet known, though both the MDP and pro-government supporters blamed each other for deliberately starting the blaze.

As demonstrators on Sosun Magu were forced back, some vented their frustrations on the VTV building, using bricks from outside the adjacent hospital to attack the troops and the TV station.  Extensive damage was reportedly caused to VTV and its property, with the station briefly being brought off air – an act claimed by the station’s owner to be tantamount to “terrorism”.

Local media bodies also criticised protesters for allegedly threatening journalists and media personnel covering the clashes.

MNDF reinforcements and, according to some witnesses, rubber bullets were used by police to successfully disperse the rioters on Sosun Magu.

Minivan News witnessed the use of some form of weapon, but could not confirm what sort of projectiles were fired from it. By this point, police had claimed one civilian and eight police officers were injured.

President Waheed used his Twitter account to lay the blame for the street battles solely at the foot of former President Nasheed – despite his non-appearance on the day.

“Anni must take responsibility for the chaos as he is directing the chaos in Male’,” he said.

The clashes along Sosun Magu between security forces and their aggressors continued into the afternoon until demonstrators began to make their way to the MDP protest camp near the Tsunami Memorial at about 3pm.

Less than an hour later, police told Minivan News that the violent confrontations with protesters appeared to have been brought under control.

Rising tensions

However, tempers soon flared again as large numbers of police arrived to begin clearing the surf point area of the capital that has been home to the MDP protest camp since former President Nasheed’s controversial resignation in February.

A police spokesperson told Minivan News that a court order to dismantle the camp had been obtained by the security forces in response to the violence that engulfed the city during the morning. The MDP have disputed the existence if any such warrant.

“All of the unlawful acts that are taking place across the city have been planned in this place [the MDP camp],” the spokesperson claimed.

Attorney General Azima Shukoor later told local press that the Tsunami Memorial area itself belonged to the MNDF, at least according to certain laws which would suggest Male’ City Council’s decision to provide the MDP with the land until later this year was invalid.

“The old days are back”

However, MDP Spokesperson Imthiyaz Fahmy responded with claims that the move reflected a continued reversal of human rights under the new government.

“The old days are back. They are violating freedoms of expression and association,” he told Minivan News. “They are now committing atrocities in daylight to intimidate the public.”

Fahmy claimed he was not surprised that the security forces had been granted a court warrant to remove the camp, “The courts function as they want.”

As protesters gathered around the police blockade surrounding the perimeter of the camp area, tear gas and water cannons were used by security officials to pushprotesters back towards Dharubaaruge.

With the camp eventually dismantled, both the Haveeru and Sun Online news agencies reported the police’s discovery of beer cans and a large quantity of a substance believed to smell like home-brewed alcohol, both prohibited under Maldivian law – though this discovery has not been confirmed by Minivan News.

Despite crowds continuing to gather to jeer and shout at police past sunset, the day’s violence appeared to once again have died down by 8PM.

Correction: The original opening paragraph to this article implied MNDF officials had also confirmed the use of rubber bullets, which was not the case.  Minivan News apologises for the grammatical error.

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Security forces clear MDP protest camp area

After a morning of violence that has rocked the capital, tension is once again on the rise as large numbers of police have begun to clear out the surf point area of the city.

The area has been home to an MDP protest camp since the controversial resignation of former President Mohamed Nasheed last month.

Minivan News will be providing live updates as they happen.

Refresh this page for further updates as the day progresses.

Previous updates from throughout the day can be read here.

22:49 – Meeting has finally begun at MDP Haruge.

22:19 – MDP report that their meeting will take place at MDP Haruge after police blocked their efforts to meet elsewhere.

22:08 – MDP reports that police are preventing its supporters from approaching the Usfasgandu to the west of Dharubaaruge area.

21:50 – Approach to Dharubaaruge from north along Boduthakarufaanu Magu deserted as MDP supporters gather over at Usfasgandu.

20:21 – MDP announce on Twitter that they are to hold a meeting at 9:30pm at Usfasgandu behind Dharubaaruge, other reports say 9pm.

20:00 – MDP release a statement condemning the seizure of their camp saying, ” [Male’ City] Council has confirmed to MDP that the Maldives Police Service had not informed the Council of anything prior to them arriving/dismantling Justice Square.”

“In continuing this way, they are proving the public’s lack of confidence in the Police. We call on the Human Rights Commission, Elections Commission and the Police Integrity Commission to investigate this immediately,” said MDP Spokesman Hamid Abdul Ghafoor.

20:00 – Very few people remain at the western end of Dharubaaruge, the numbers have also declined on the northern side.

18:55 – Police have now set up barricades around the camp area to prevent entry to the site. Meanwhile, Haveeru has reported that security forces now claim to have discovered a cooking oil barrel containing a liquid substance that they believe smells like alcohol on the protest site.

18:40 – Police have been showing beer cans to local media that they have said were discovered at the MDP camp. Water canons have also been dispersed against protesters gathered near to Dharubaaruge at the other end of the camp.

18:32 – MDP MP Alham Fahmy is now outside the camp, which continues to be blockaded by security forces.

17:35 – Speaking to Minivan News, a police spokesperson was unable to confirm whether plastic bullets may have been used in certain situations to dismiss protesters during the day. The spokesperson said that police attempting to use “minimum force” where possible to control crowds.

“We have been using non-lethal weaponry,” said the spokesperson.

The claims come amidst media reports that tear gas has again been deployed at the Family Court area near to the former MDP camp.

17:20 – As police continue to dismantle the camp, local media are reporting that a bottle suspected of containing alcohol has been found along with hammers and wooden clubs. Haveeru has said that police are also asking for photos and videos that depict violence against public and private property as well as attacks on police personnel.

17:09 – MDP Spokesperson Imthiyaz Fahmy has claimed that the move reflects an ongoing reversal of human rights under the new government.

“The old days are back. They are violating freedoms of expression and association,” he told Minivan News. “They are now committing atrocities in daylight to intimidate the public.”

Fahmy said he was not surprise that security forces had been granted a court warrant to remove the camp. “The courts function as they want.”

17:04 – Police have cleared the MDP Camp area after Azima Shukoor told the press that the area belongs to the Maldives National Defence Force (MNDF) according to certain laws and claimed the Male’ City Council does not have authority to give the area to MDP.

Police also warned that they will use equal force against that which is used against them and warned everyone gathered to leave the area.

Media persons were also asked to leave the area, but they have later granted permission to stay.

16:55 – Haveeru has reported that security forces have been given a court warrant to proceed with dismantling the camp.

16:50 – Minivan News has witnessed security forces beginning to dismantle the camp, known among MDP supporters as “Justice Square.”

16:40 – Police confirm that they have made 64 arrests reportedly in connection to the violence that has taken place in the capital today.

16:40 – A police spokesperson told Minivan News that the decision to clear the area by MNDF and police officials was taken in response to the violence that engulfed the city this morning.

“All of the unlawful acts that are taking place across the city have been planned in this place,” the spokesperson claimed.

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MDP looks to work within Majlis to secure early elections

The Maldivian Democratic Party (MDP) has said it will now begin working through the Majlis to achieve early presidential elections, after President Mohamed Waheed Hassan succeeded in inaugrating the parliament today.

MDP MPs heckled Waheed, preventing him from delivering the constitutionally-mandated presidential address on two occasions, claiming he had come to power through a coup d’état.

Waheed succeeded in addressing parliament only on his third attempt, amid MDP MPs continued shouts of “Traitor” and obstruction of Waheed’s face with a banner condemning him as a “Coup Boss.”

Now that Majlis has opened for the year, the MDP will work within and outside the Majlis to obtain a date for elections, MDP Spokesperson and Malé MP Imthiyaz Fahmy said.

“But I don’t think it will be possible through the Majlis,” Fahmy said. “A lot of MPs in the parliament supported the coup.”

The MDP said that it did not take pride in attempts by its MPs to obstruct the Majlis opening, but Fahmy said he felt they had been left little choice due to the party’s concerns over Waheed’s legitimacy.

“We do not take pride in such actions. But as a coup-sponsored leader, we believe his presence violates the integrity of the parliament,” Fahmy said.

Fahmy said the parliamentary group had given the Speaker the opportunity to inaugurate the Majlis, but “started protesting only when Baagee [ translated as traitor] Waheed entered Majlis.”

Fahmy also said that the MDP does not sanction violence.

Clashes nonetheless broke out between police and MDP protestors demonstrating a few streets away from the Majlis building. Over 60 were arrested. Police used tear gas and, according to some eye witness accounts, rubber bullets to disperse the crowd. Police are presently unable to confirm to Minivan News whether rubber bullets had indeed been used.

“Supporters of the current government or even police themselves may have started violence in order to attack the protestors,” Fahmy claimed.

The MDP had been organizing peaceful protests at Raalhugandu (Surf Point) for over a month. “But we haven’t been violent. We are calling for elections. Not for a violence or a coup,” Fahmy said.

The MDP alleges the controversial February 7 resignation of former president Mohamed Nasheed was a coup d’état, and has called for early general election. The Commonwealth Ministerial Action Group (CMAG) has supported the call.

Monday’s parliamentary sitting saw Speaker Abdulla Shahid deploy the Maldives National Defense Forces (MNDF) in an attempt to restore order to the chamber. Scuffles broke out between MDP MPs and MNDF personnel, and two sustained injuries, as the MNDF tried to remove protesting MPs.

In the chaotic atmosphere of today’s Majlis session, President Waheed said he would honour early elections calls backed by the MDP, as well as bodies including the EU and Commonwealth, if such as move was “required”.

Waheed pledged via a statement after giving his speech to bring together all political leaders to discuss constitutional amendments required for fresh elections.

“This is the time for all of us to work together in one spirit, the time to bring political differences to the discussion table in order to formulate solutions,” claimed the president. “I fully assure you that I will not order anyone to act against the Constitution or laws of this country”.

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Comment: Getting constitutional with Waheed

Dr Waheed has often reiterated that no matter what the findings are of a formal enquiry into the events that led to Mohamed Nasheed’s resignation, his own legitimacy as President of the Maldives remains beyond question.

He bases this claim to legitimacy on the constitution. How much substance does the claim have?

Article 121 of the constitution states the President can quit by submitting his resignation written ‘under his own hand’ to the Speaker of the Majlis. The office of the President becomes vacant as soon as the Speaker receives the resignation letter.

Article 112 (d), meanwhile, states that if the office of the President becomes vacant ‘for any reason’, the Vice President shall succeed to the office of the President.

Nasheed wrote his resignation letter, did he not? Waheed was sworn in as president after the Speaker received the letter, was he not? This means he is the legitimate president, does it not?

Technically, yes. And only if we assume, like Waheed does, that the constitution does not give a damn about whether or not the hand that wrote the president’s resignation letter was forced.

Such narrow constructions of the constitution, although incompatible with the ethos of a new democracy committed to its consolidation, are popular weapons for instating the legitimacy of this new regime.

It has, for example, continuously invoked Article 110 as a reason why elections cannot be held earlier than July-September 2013 without first enacting a constitutional amendment.

Article 110 states that elections for the office of President must be held within 120 days to 30 days before the end of a given five year term. It assumes things are going according to plan and, to ensure the smooth transition of power, it provides a timeframe within which the handover of power can take place democratically, through the ballot box.

The new regime has taken this clause of the constitution to mean that it forbids elections until 120 days before the expiry of a natural five-year term, no matter what.

If this were so, why does Article 125(c) of the Constitution foresee circumstances ‘where fresh elections have to be held for any reason during the currency of an ongoing presidential term’?

Where then is the legal basis for the argument being made by Waheed and the current regime that holding early elections will require a constitutional amendment?

Another question about Waheed and the constitution is: what type of president is he? Is he a caretaker president, or is he president proper?

Article 114 of the constitution says that an incoming president can assume office once he takes his oath before the Chief Justice, ‘at a sitting of the People’s Majlis’.

The Chief Justice administered the oath of office for Waheed’s presidency. And Speaker Abdulla Shajid was present. But it was not done ‘at a sitting of the People’s Majlis’.

According to the constitution this is a type of oath administered not to an incoming president proper, but to ‘any person temporarily discharging the duties of the office of the President’ (Article 126).

Furthermore, the only circumstance in which the constitution envisages the need for such a caretaker is if the offices of both the President and the Vice President become vacant at the same time (Article 125(a)).

By overseeing a caretaker oath for Waheed, did the Speaker of the Majlis de facto deem the offices of both the president and the vice president vacant on 7 February? If not, why was Waheed not sworn in before the Majlis?

Most importantly, if the constitution is to be upheld, such a caretaker figure can only remain as the country’s leader for a maximum period of 60 days.

Elections must be held within that period for both President and Vice President.

So why are fresh elections not being held before 7 April? And again, why is it being said that the constitution cannot accommodate early elections without an amendment?

And, if Waheed took office as a ‘person temporarily discharging the duties of the office of the President’ (Article 126), what business does he have purging the government of high-ranking MDP members, installing a brand new cabinet, and modifying or reversing most major policies pursued by the legitimate government he was supposed to be taking care of?

If President Nasheed resigned voluntarily and Waheed acceded to the position constitutionally, then Waheed’s first trip to the Majlis should not, and cannot, be to address it as President.

Without the Majlis first witnessing him taking the oath, it has no business accepting him as President.

One final question on Waheed and the constitution: if Waheed were such a stickler for it, and were he such a committed democrat, why is he turning a blind eye and a deaf ear to the thousands of people demanding ‘elections now’?

Article 125 of the constitution provides him with the perfect opportunity to give people what they want. All he has to do is resign for there to be an election within 60 days.

Can Waheed take a hit for the greater good? Or is his commitment to democracy as much of a chimera as the ninety-percent support he claims to have?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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