The Judicial Service Commission (JSC) has decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.
Rahman – the public’s nominee to the commission – told Minivan News last week that he had attempted to file the no-confidence motion against Adam Mohamed contending that he was responsible for the judicial watchdog‘s “state of limbo”.
Rahman further accused Mohamed of failing to back the JSC’s investigation of Supreme Court Justice Ali Hameed’s sex-tape scandal, and abusing power to release press statements on behalf of the commission.
Rahman alleged Adam Mohamed had deliberately refused to table the no-confidence motion against him during last week’s commission meeting.
“When I first filed the motion, the Secretary General of the Commission said he could only table the motion with a proper reason. Then I told him all the reasons as why the motion should be filed. But still Adam Mohamed refused to table the motion. Now he has unofficially said that he would table the motion on Monday,” Rahman said.
In a letter sent to Rahman by the JSC, signed by the Secretary General of the Commission, the JSC claimed that the Judicial Service Commission Act – JSC’s parent legislation – did not allow the filing of no-confidence motions against its Chair and Vice Chair.
Therefore, the proposition of a no-confidence motion is not allowed as per section 10 of the Judicial Service Commission Act, the letter claimed.
Following the dismissal of his motion, Rahman told local media today (August 26) that would file the matter with both the Anti Corruption Commission (ACC) and parliament’s Independent Institutions Oversight Committee.
Speaking to local media outlet CNM, Rahman claimed that a decision by the commission to reject his motion should only be decided by the majority of the commission members, and that Adam Mohamed did not have the discretionary power to dismiss the motion.
He also said that the section 17 of the same act required all members to refrain from conflict of interest, contending that Adam Mohamed could not dismiss the motion while it involved his own interests.
Therefore, Rahman contested that Adam Mohamed had misused his powers as the Chair of JSC which amounted to corrupt practice, falling within the ambit of the ACC.
“[Adam Mohamed] has acted like this every time. Cases that need to be given priority, including the case of recent statement issued by Supreme Court [regarding the appointment of the CSC member], have been withheld because he has an interest in it. That is something that the JSC should prioritise,” he told CNM.
The JSC has meanwhile refused to comment on the matter.