Tag: Abdulla Shahid

Majlis to interview 25 for security officers’ role

After fielding applications from 267 individuals, the Majlis has selected 25 people to be interviewed as security officers, local media reported.

MDP MP Imthiyaz ‘Inti’ Fahmy told Sun Online that the Majlis intended to employ one hundred officers.

The selection process follows Speaker Abdulla Shahid’s swearing in of former Maldives National Defense Forces (MNDF) officer Mohamed Haleem to the newly announced position of sergeant at arms last month.

The sergeant at arms is to oversee security of the Majlis premises – a task currently carried out by the MNDF.

The Ministry of Defence has criticised the move, arguing that the role is constitutionally reserved to the military, an argument which Shahid has expressed surprise at.

“I personally believe that the MNDF personnel should not be asked to come into confrontation with politicians, especially Members of Parliament. MNDF is a much higher institution,” Shahid told Minivan News earlier this month.

Likes(0)Dislikes(0)

Defence Ministry slams Majlis recruitment of independent security

The Ministry of Defense and National Security has slammed the People’s Majlis decision to establish an independent security unit to oversee the safety of MPs and Majlis premises.

In a statement issued on Saturday, the Defense Ministry said Article 105 (a) and (b) of the constitution mandated the security forces to oversee security of the People’s Majlis offices, facilities and protection of all members, and hence the Maldives National Defense Forces (MNDF) is currently in charge of the task.

“When the constitution has set out specific responsibilities and roles for the Maldives security forces, the Ministry of Defense and National Security, as the most important institution mandated to ensure security of the Maldives, does not believe that the People’s Majlis secretariat can hand over this task to any body that is not part of the security forces.

And this ministry does not believe that the protection of the People’s Majlis, and ensuring the security of the Majlis can be handed over [to another party] in violation of the constitution,” the Defense Ministry said.

The statement follows the Majlis Speaker Abdulla Shahid’s appointment of former MNDF officer Mohamed Haleem to the position of Sergeant at Arms and announcement to recruit an additional 104 security officers.

Majlis secretariat announced for a Sergeant at Arms after MNDF officers stormed the People’s Majlis to remove Maldivian Democratic Party (MDP) MP Ali Azim from its premises. Shahid condemned the move stating that under parliamentary regulations, the MNDF are to operate under instructions from the Speaker inside the Majlis premises.

Soldiers clad in combat fatigues removed Azim from the Majlis building on October 26 after the Supreme Court stripped Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats over decreed debt. The Parliamentary Privileges Committee said it does not accept the “politically motivated” ruling.

The MDP and DRP currently control a simple majority in parliament. The DRP decided to back the MDP after its candidate Mohamed Nasheed gained 45.45 percent of the vote in the annulled first round of presidential elections on September 7.

Defending the Majlis

MDP MP and Spokesperson Hamid Abdul Ghafoor is currently taking refuge inside the Majlis following several attempts by police to arrest him and present him at the Criminal Court for a trial on alleged refusal to provide a urine sample. Hamid said the Criminal Court had fast tracked his case unlawfully and without due process to “purge” MDP MPs from parliament.

Refusal to provide urine can result in a one year jail sentence. If Hamid is found guilty, he may lose his parliament seat.

The Criminal Court on October 31 sentenced Hamid to six months in jail for disobedience to orders when he refused to comply with several criminal court summons.

However, Hamid will still be able to attend Majlis hearings after amendments to the Parliamentary Procedures the day before his sentencing permitting MPs to attend Majlis even if convicted of criminal offenses.

Speaking to Minivan News today, Hamid said: “I think it is very normal for a parliament to have its own security within its premises.”

DRP MP Rozaina also supported the move, saying: “In the system we have now, where courts, police and MNDF are politicized by the people leading these institutions, the Majlis definitely needs its own.”

The Inter-Parliamentary Union is currently in the Maldives to “to help find ways to improve trust and confidence between State institutions.” The IPU has expressed concern “the frequent intimidation, harassment and attack of MPs as they go about their work.”

The MDP led parliament also voted out Attorney General Azima Shakoor and has submitted no confidence motions against Defense Minister Mohamed Nazim, Prosecutor General Ahmed Muizz and deputy speaker and PPM MP Mohamed Nazim.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid and Abdulla Jabir are on trial for alleged alcohol and drug abuse.

Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy, and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

Likes(0)Dislikes(0)

Majlis accepts bill to criminalise tourism boycotts

With additional reporting by Daniel Bosley

The People’s Majlis has today accepted a bill prohibiting tourism boycotts, with 30 members voting for, 30 members voting against, and Maldivian Democratic Party (MDP) MP Abdulla Shahid casting the deciding vote as speaker of the house.

The tourism boycott bill would criminalize calls for a boycott, as well as the supporting or endorsing of a boycott, participating in a tourism boycott, or any act that would incite fear amongst tourists.

Amendments to the penal code were also introduced in the Majlis today, with MDP MP Imthiyaz Fahmy submitting amendments to a number of articles, including article 81 – under which MDP presidential candidate Mohamed Nasheed is currently being charged.

The boycott bill – submitted by the Progressive Party of the Maldives (PPM) MP Ali Arif – has now been sent to the Majlis Economic Committee.

Depending on the level of participation in the boycott, those found guilty could be fined MVR150,000 (US$9740), have their trade permits cancelled, or have any honors or privileges awarded by the state revoked.

Discussions of a tourism boycott have always been particularly sensitive in the Maldives, with the country reliant on the industry which contributes over 70 percent of the country’s GDP.

Government ministers have in the past described the industry as “sacred”.

A selective tourism boycott labelled the ‘Maldives Travel Advisory’ appeared in the months following the contested transfer of power in February 2012, although the website was soon taken down.

Similarly, Nasheed himself told the Financial Times in July last year that tourists planning to visit the Maldives should cancel their holidays.

This call was not repeated, however, with the party’s National Council never agreeing to adopt such a policy.

Removals from existing code

In addition to removing Penal Code’s Article 81, Imthiyaz Fahmy proposed removing Articles 75 and 87.

Article 81 of the penal code regards public servant using authority to arrest or detain innocent persons.

“It shall be an offense for any public servant by reason of the authority of office he is in to detain or arrest in a manner contrary to law. Person guilty of this offense shall be subjected to exile or imprisonment not exceeding 3 years or a fine not exceeding MRF 2,000,” reads the article.

Former President Nasheed is currently being charged under Article 81 for the arrest of Criminal Court Chief Judge Abdulla Mohamed – an incident that precipitated Nasheed’s ouster in February 2012.

The arrest followed the failure of parliament and the Judicial Services Commission to taken action over an extensive list of allegations against Mohamed.

The Nasheed trial subsequently stalled at the high court level after the legitimacy of the Hulhumale’ Magistrate Court – specially assembled for the case – was disputed.

The composition of the court and the conduct of the trial was also criticised by UN Special Rapporteur Gabriella Knaul as “arbitary” and of questionable legality.

The Progressive Party of Maldives called for the trial to be resumed earlier this month, though not further action has yet been taken in the courts.

Penal code article 75 concerns the making of false charges: “Whoever institutes a claim against another person with the intent to cause inconvenience, loss or injury to that person without lawful grounds shall be subjected to a fine not exceeding MRF 2000.”

Section 87 of the code relates to the failure to assist public servant in his duties, with offenders subject to exile, six months imprisonment, or a MVR500 fine.

The amendments come at a time when several MDP MPs, including Fahmy, are being investigated for contempt of court and for criticising the judiciary.

The current penal code was written in 1968. Work on a new penal code started in 2008, but it is still at committee stage.

Likes(0)Dislikes(0)

Defiant Attorney General Azima Shakoor voted out of office

A parliamentary no-confidence motion against Attorney General Azima Shakoor has passed with 41 votes today (October 29).

The Maldivian Democratic Party (MDP) filed the motion, claiming Azima had demeaned the constitution, parliamentary powers and the integrity of the Attorney General’s post by advocating against the Elections Commission (EC) in September’s vote annulment case.

The party also accused her of attempting to benefit her political party in presidential elections, and advising government officials against attending parliamentary committees.

According to Majlis Speaker Abdulla Shahid, Azima did not attend today’s Majlis sitting and did not respond in speech or writing to any of the allegations made against her.

However, in an emotional statement addressed to the Speaker and shared with local media, Azima stressed that she had acted within the law and accused the MDP of pursuing a “personalized vendetta.”

“It is not the Majlis that I will be held accountable to on the day after tomorrow. It is to Allah. On that day, I will be accountable without any fear. All of you know I will not stray from the path of justice for worldly gains or for a job. You will know I will not make a deal,” she said.

Speaking in the AG’s defense, MPs of the Progressive Party of the Maldives (PPM) stressed that Azima had not committed any unlawful acts, and as such the no confidence motion was unjust.

The PPM boycotted the vote, but PPM MP Ahmed Mahloof voted for the no-confidence motion. In addition to the MDP, the Dhivehi Rayyithunge Party (DRP) supported the motion. Five MPs voted against.

No confidence

The MDP submitted the no confidence motion against Azima on September 25 with the signatures of 26 MPs.

In the motion, the MDP noted that as Attorney General, Azima had advocated against an independent state institution – the EC – that she was mandated to defend.

Following the first round of elections on September 7, third placed Jumhooree Party sought to annul the vote, alleging widespread electoral fraud. Azima intervened in the case, presented a police intelligence document and asked for an investigation.

A copy of the document was leaked on social media. It alleged 18,486 irregularities on the voter registry. The Supreme Court annulled the election on October 7 and ordered a re-vote.

In her intervention she “advocated against the Elections Commission, discredited the institution, prioritized political party interests, and worked against the constitutional principles, state and public interest,” said the MDP.

The party suggested that the AG had abused her position to influence elections and in doing so had obstructed the election of a new government.

It also accused Azima of infringing upon the parliamentary powers by advising government officials and the security forces not to attend a Majlis committee set up to investigate the controversial transfer of power on February 7, 2012.

“Taken together, these actions clearly demonstrate that the Attorney General has destroyed constitutional norms and democratic laws,” the motion read.

“The Attorney General has demeaned the Constitution and the integrity of the post of Attorney General and betrayed the Attorney General’s responsibilities and the Maldivian nation,” it added.

“Head held high”

In a statement shared with local media, Azima criticized MDP presidential candidate and former President Mohamed Nasheed.

“If I am dismissed from my job because certain individuals believe I am obstructing such a man [Nasheed] from coming to power, and if I lose my job, and if I lose my job because of this reason, and because I did not join them like you [Shahid] did, I see it as my sacrifice for this country. I will leave my job proud, with my head held high,” she told Haveeru.

If Nasheed took over the presidency, he would weaken the state and the country’s sovereignty, and weaken Maldives’ Islamic faith Azima alleged.

“I am saying so because I know so. However, I have not committed any act that violates the law. And I have not participated in any political activities. In my term, in matters relating to him [Nasheed] I acted fairly, within the law,” she said.

She alleged that, as president, Nasheed had sold part of the Maldives’ territory to another country – information which she had shared with the Majlis’ National Security Committee. Furthermore, Nasheed had attempted to include Jewish cultural education in the national curriculum, she claimed.

“I do not accept defying Islam and the Prophet. I believe the country has maintained its sovereignty because Maldivians have maintained the Islamic faith. I do not believe any other religion but Islam should exist in this country. This is my belief,” she said.

On the state’s decision to intervene in the Supreme Court’s vote annulment case, Azima said it was her duty to act as she had received credible evidence of electoral fraud. However, she said the state had not advocated for or against a vote annulment.

“I had to take action when I received credible evidence of repeated voting and votes cast by thousands of dead people, individuals who have not yet been born, and individuals who had not made ID cards through the Department of National Registration. Similarly, the state must be concerned when people made passports using those [fake] ID cards.

“These are matters that I would be questioned on if I did not take any action. Since these are matters that can be proven if a proper investigation is done, I did so with courage,” she said.

She also criticized Speaker Abdulla Shahid for helping MPs evade the courts, for supporting MPs who were in contempt of court and those who had committed criminal acts. Moreover, she said the Majlis had not followed the legal norms in dismissing a cabinet member.

“Today you are the judges and you have written your verdict without allowing the accused a right of response,” she said.

Likes(0)Dislikes(0)

Inter-Parliamentary Union requests urgent visit to Maldives

Secretary General of the Inter-Parliamentary Union (IPU), Anders B. Johnsson has written to the Speaker of the Majlis proposing an urgent delegation be sent to the Maldives.

“We are concerned that these recent developments and the continued polarisation of the political situation might imperil the Maldives’ fledgling democracy,” wrote Johnson to Speaker Abdulla Shahid.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” added the Secretary General.

The letter obtained by Minivan News, dated October 25, was prompted by the Supreme Court’s decision to strip two MPs of their seats last week.

Following the Majlis’s rejection of the court’s ruling, MDP MP Ali Azim’s was arrested after scuffles with the military as he attempted to enter the parliament on Saturday.

His detention has subsequently been extended for 15 days.

Johnsson’s letter also included the full text of the IPU Governing Council’s recent resolution which expressed concern at “reports of alleged arbitrary arrests, attacks and harassment of MDP members of parliament”.

The resolution, adopted earlier this month, listed 21 cases of Maldivian MPs already being monitored by the IPU with the addition of three new cases.

The IPU General Council “is alarmed at the climate of confrontation spawned by the first round in the presidential election.. [and] is deeply concerned that parliament’s authority is apparently once again being challenged in the current political crisis,” read the resolution.

“[It] is alarmed in this regard that members of parliament may be facing legal action because of opinions they expressed and positions they adopted in parliament; would like to receive the authorities’ views on this matter.”

All MPs listed by the IPU – barring murdered Progressive Party of Maldives MP Dr Afrasheem Ali – are members of the opposition Maldivian Democratic Party (MDP) which has described the prosecution of its MPs as a “purge”.

On-site mission suggested

“The urgency and seriousness of the current situation warrants an urgent on-site mission by the Committee, so that it can gather first-hand information on the allegations and ascertain the prospects for their examination and clarification in the current political situation in the Maldives,” read the IPU resolution.

The MDP last week linked the “intimidation and harassment” of its MPs to crucial votes in the Majlis concerning the imminent transition of presidential power as well as no-confidence motions against senior members of the cabinet.

The MDP’s recent alliance with the Dhivehi Rayyithunge Party – one of whose MPs was unseated by the court’s recent ruling – has given it the support of a majority of the chamber.

A motion to allow the Speaker of the Majlis Abdulla Shahid to assume the presidency following the expiration of the current term on November 11 was passed yesterday, in spite of the abstention of all government aligned MPs.

Today’s scheduled no-confidence motion against Attorney General Azima Shukoor was delayed after the AG informed the speaker that she was unwell.

The three new cases noted by the IPU General Council concerned Ali Azim, Alhan Fahmy, and the Speaker Shahid. The list also included fresh allegations concerning MPs Hamid Abdul Ghafoor, Ali Waheed, and Eva Abdulla – the Maldives’ first member of the IPU.

Eva was arrested briefly during protests against the Supreme Court’s involvement in the annulling of the presidential elections earlier this month, whilst the IPU also resolution expressed shock at reported death threats against both Speaker Shahid and MP Ali Waheed.

More recently, Ghafoor has sought protection from arrest in the parliamentary premises following a police summons to attend hearings into drugs and alcohol charges.

US ambassador Michelle J. Sison yesterday met with Shahid and Hamid, whilst US diplomat Christopher Teal called for an end to politically motivated arrests.

Likes(0)Dislikes(0)

Police forward Disaster Management Centre case to PG

Police have forwarded a MVR 24 million (US$1.55 million) corruption case involving the National Disaster Management Centre to the Prosecutor General, calling for charges against nine people including former head of the centre, Abdulla Shahid.

In a statement issued today police confirmed the case was forwarded to the PG and called for the prosecution of Abdulla Shahid, 50, Mohamed Shahid, 53 (the brother of parliament speaker Abdulla Shahid), Ahmed Najah, 24, of Maradhoo in Addu City, Ahmed Arif, 49, of Henveiru Everglow, Mohamed Waheed, 53, of Eydhafushi in Baa Atoll, Abdulla Saeed, 49, of Hoadedhoo in Gaafu Dhaalu Atoll, Abdulla Hassan, 56, of Henveiru Sosunmead, Moosa Ali Kaleyfaanu, 49, of Kandholhudhoo in Raa Atoll, Ahmed Shammoon Zahir, 23, of Mahchangolhi Blackpool.

The case was first forwarded to police by the Auditor General on April 19, 2012, while the Anti-Corruption Commission forward the matter on January 18, 2013.

Police thanked the Anti-Corruption Commission and Auditor General’s Office for assistance in investigating the case.

The case involving the Disaster Management Centre concerns an audit report produced by the Auditor General. In the report, the Auditor General alleged that MVR 24 million (US$1.5 million) was fraudulently obtained from the budget allocated for the centre for the year 2009 and 2010.

The Auditor General’s special report into the case alleged that the Disaster Management Centre had photocopied, edited and reused ‘Credit Purchase Order Forms’ in 2005, to withdraw the MVR 24 million from the centre’s budget at the Finance Ministry.

The ‘Credit Purchase Order Forms’ were originally given to the Disaster Management Centre in 2005 to withdraw cash from the Tsunami Recovery Fund.

The Auditor General’s report also suggested that the Finance Ministry was complicit in the alleged fraud.

In March 2012, the Anti-Corruption Commission (ACC) sent a corruption case to the Prosecutor General’s Office concerning the Disaster Management Centre and a housing project carried out on Gan in Laamu Atoll, following damage suffered in the 2004 tsunami.

Likes(0)Dislikes(0)

Speaker Shahid confirms switch to opposition MDP

Parliamentary Speaker Abdulla Shahid has today joined the opposition Maldivian Democratic Party (MDP) – days after resigning from the government-aligned Dhivehi Rayyithunge Party (DRP).

Following ongoing media speculation over the last week that the speaker was considering defecting to the MDP, Shahid today confirmed via his Twitter account that he had changed his political allegiance over concerns about the direction of the country’s democratic transition.


Shahid did not elaborate further when asked by Minivan News today if he believed his decision to switch parties would potentially lead to government-aligned MPs reconsidering their support for his speaker role.

“Strong and resolute”

Shahid’s former party, the DRP, today said that it did not wish to comment on the personal decision of someone who was no longer a member of the party.

DRP Deputy Leader Abdulla Mausoom told Minivan News that despite the defection of the speaker, the party would “remain solid, strong and resolute”.

Mausoom added that the government-aligned party did not presently have any intention to pursue a no-confidence motion against the speaker as a result of him switching parties.

“In the past, most of the no-confidence motions have been conducted by either the MDP or the Progressive Party of Maldives (PPM),” he claimed.

Mausoom alleged that previous no-confidence motions submitted from the two parties had been undertaken as a means of seeking vengeance against the speaker or other political figures – something he claimed the DRP would not do.

“We have not initiated a no-confidence motion. We believe that no confidence should only be taken on an issue of national importance,” he said.

However, he claimed that in cases where any politician – whether a speaker or cabinet minister – was deemed to be compromising national issues, then the party “would not hesitate” to take action.

Abdulla Yameen, Parliamentary Group Leader of the government-aligned PPM – the country’s second largest political party after the MDP and minority party of parliament – did not respond to calls from Minivan News about the speaker’s switch today.

Earlier this week, PPM MP Ahmed Nihan said he had worked with Shahid for many years and personally found him to be very capable in his position as speaker.

However, he added that he was not sure how his fellow party members or other government-aligned MPs might view a decision to switch to the opposition.

“Ideological shift”

Shahid’s switch comes almost exactly one year to the day that the opposition MDP submitted an unsuccessful no confidence motion against the speaker, accusing him of making decisions relating to significant parliamentary issues without discussing them with various political parties.

However, MDP MP and spokesperson Hamid Abdul Ghafoor today said that the speaker’s switch was strongly supported by the party’s “grass roots”.

Ghafoor claimed that Shahid’s arrival to the party reflected an “idealogical shift” in the country’s political arena that would bring many more supporters to the MDP who may have previously been sceptical about doing so.

“What [Shahid] is saying, I believe, is that the country needs stability,” he added.

Ghafoor claimed that he had not been made aware of any party moving to challenge Shahid’s position as speaker as a result of his decision to switch parties so far.

He said that the MDP would itself be holding a rally tomorrow night (April 19) dubbed ‘New Strength’. Shahid is believed to be among the speakers at the rally.

Likes(0)Dislikes(0)

Speaker Shahid’s switch to MDP now a “foregone conclusion”: PPM MP Nihan

Progressive Party of Maldives (PPM) MP Ahmed Nihan has claimed Parliamentary Speaker Abdulla Shahid’s rumoured switch to the Maldivian Democratic Party (MDP) was now a “forgone conclusion”.

Nihan told Minivan News today he was not surprised about recent speculation linking Speaker Shahid with a switch from the government-aligned Dhivehi Rayyithunge Party (DRP) to the opposition MDP – claiming his fellow PPM MPs had suspected his “alignment” with the MDP for at least the last twelve months.

Ongoing media speculation this week over the speaker’s political allegiance has seen high-profile politicians such as former President Mohamed Nasheed publicly discussing Shahid’s potential switch to the MDP.  The DRP meanwhile have maintained that it has not been officially informed of any switch.

A parliamentary source within the MDP on condition of anonymity today confirmed by SMS that the speaker was expected to be joining the opposition party, claiming: “yes, speaker [is] moving”.

However, this afternoon party officials were refusing to acknowledge any such switch when contacted by Minivan News.  The MDP did nonetheless maintain that it would welcome a senior politician such as Shahid into their ranks ahead of presidential elections scheduled for September this year.

Shahid, who has not officially confirmed whether he intends to either switch parties or remain with the DRP, was not responding to calls at time of press.

“Forgone conclusion”

Addressing the current uncertainty over the speaker’s affiliations, PPM MP Nihan said today that his party believed speculation over Shahid’s switch remained just a rumour.

“As far as we are concerned, on Tuesday (April 9) MP Riyaz Rasheed asked for confirmation in the Majlis from the speaker [about whether he would be switching parties]”. No official response was given,” Nihan said.

“I cannot confirm this myself, but the rumour [of a switch in parties] has been there for a long-time. We’ve been hearing a lot of news that Shahid might be leaving the DRP over political differences, but I cannot exactly say anything on that.”

Nihan said that he had worked with Shahid for many years and personally found him to be very capable in his position as speaker.  He added that he was not sure how his fellow party members or other government-aligned MPs might view a decision to switch to the opposition.

Nihan also stated that with the DRP having been “very silent” on political issues in the current climate, he believed it might be “quite reasonable” for Shahid’s career progression that he look to transfer to a different party.

Nihan claimed that the current “ground reality” in Maldivian politics ahead of upcoming presidential elections was a two-way divide between either former President Mohamed Nasheed’s MDP or former President Maumoon Abdul Gayoom’s PPM.

Following recent campaigning for the party on Fuvahmulah, Nihan claimed that a number supporters of both his own party and the MDP had recently welcomed representatives from both parties to the island in significant numbers. He questioned whether the DRP would have similar support by comparison.

“Loyalty”

Speaking to Minivan News today, DRP Deputy Leader Ibrahim Shareef said that there had been no official word from the speaker on his political intentions at time of press.

Shareef said that ultimately, losing any high-profile politician from a political party was always a huge loss for its supporters.

“It seems it is the reality of life and politics that loyalty does not run deep,” he said. “But we will move on as a party and continue to stand by our key principles.”

Shareef added that the Maldives remained a young democracy and that the DRP would continue to look for the “best way forward” for its members whatever happens.

“It is understandable in this climate that there will be a realignment in the coming days and months within political parties,” he added.

Opposition view

Addressing the rumours of Shahid switching parties this week, former President Mohamed Nasheed was reported in local media as claiming the MDP to be the only party “fully informed” about the Maldives and its future developments – making it attractive for other politicians to join them.

“We know what the Maldives is. Maldivian Democratic Party knows the Maldives well. Maldivian Democratic Party is the political party that knows the history of the Maldives, the seas of the Maldives, the palm trees, and everything related to the Maldives,” he was quoted as saying in Sun Online.

“That’s why we hear stories about Abdullah Shahid joining us. Everyone who knows the Maldives and wants to work with the people of the Maldives towards the development of the country, will join our party.”

MDP MP and Spokesperson Ahmid Abdul Ghafoor today said that only Shahid himself could confirm if he would be joining the MDP, adding he personally did not wish to “pre-empt” any statements that might be made on the issue.

Hamid nonetheless reiterated Nasheed’s earlier claims that that the MDP was the only party that could serve to attract politicians wanting to make a difference in the country.

He said that should the parliamentary speaker decide to join the opposition party, it would represent a “major shift” in the country’s political landscape.

Switch rumours

Earlier this week, local media reported that government-aligned MPs Mohamed ‘Colonel’ Nasheed, MP Ali Azim and MP Hassan Adil were also rumoured to be preparing to join the MDP.

Speaker Shahid, Ali Azim and Nasheed are all from the DRP. The supposed reason for their defection, as reported in local media, was a clash within the party’s parliamentary group over its stand on recently scheduled no-confidence motion against Home Minister Mohamed Jameel Ahmed.

A source in the MDP familiar with the matter previously alleged to Minivan News that the defection of the MPs was prompted after DRP Leader MP Ahmed Thasmeen Ali brokered a “last minute deal” with the government in return for DRP not voting against the minister.

According to a 2010 report by former Auditor General Ibrahim Naeem, loans totalling MVR1 billion, taken out by Fonadhoo Tuna and luxury yachting company Sultans of the Sea, both connected to to DRP Leader Ahmed Thasmeen Ali, had yet to see any repayments.

Together the loans accounted for 13 per cent of the total amount loaned by the bank in 2008. Naeem commented at the time that defaults on bank loans issued to “influential political players” could jeopardise the entire financial system of the country.

DRP MPs Mohamed Nashiz and Ali Azim were summoned to court in November 2012 regarding the debts, just as parliament was voting to determine whether no-confidence motions against ministers could be taken in secret.

Those summons were in relation to a Civil Court ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to Thasmeen – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML). The verdict was also upheld by the High Court in October 2011.

MP Azim alleged at the time that President Dr Mohamed Waheed and other senior members of the executive had approached him and offered to cancel the court summons if he agreed to vote for the secret balloting in a way they preferred.

According to one MDP source, ahead of a no-confidence motion scheduled for April 8, 2013, the DRP had “in principle agreed” to vote against the minister, but had changed their minds at the last minute.

Speaker Abdulla Shahid was “left no choice but to call off the session”.

Shahid called off the parliamentary session following point of orders taken by opposition MDP MPs over the issue of the secret ballot, which the Supreme Court had overturned despite parliament’s earlier vote in favour.

Earlier this month, Deputy Parliamentary Speaker Ahmed Nazim officially completed his switch from the government-aligned People’s Aliance (PA) party to the PPM. The PPM is also a member of President Dr Mohamed Waheed’s coalition government.

Abdulla Yameen, half brother of former President Maumoon Abdul Gayoom and a founder of the PA party, is now the PPM’s candidate for this year’s presidential elections.

Likes(0)Dislikes(0)

JSC acted unconstitutionally in assigning panel of judges to Hulhumale’ Court: Speaker Shahid

Speaker of Parliament Abdulla Shahid, who is also a member of the Judicial Services Commission (JSC), appeared before Parliament’s Independent Commissions Oversight Committee on Tuesday to answer questions regarding the the appointment of a panel of three magistrates to the Hulhumale’ Magistrate Court.

This panel of three judges were appointed to preside over the case against former President Mohamed Nasheed for his detention of Criminal Court Chief Judge Abdulla Mohamed, and cases against other officials from the former government involved in the detention.

Prior to Shahid’s appearance, JSC Vice Chair Criminal Court Judge Abdulla Didi and member appointed to JSC from among the public, Sheikh Shuaib Abdul Rahman, have attended the committee over the same matter.

Meanwhile, JSC Chair Supreme Court Judge Adam Mohamed has refused to attend the committee on the grounds the matter is related to an ‘ongoing case.’

JSC acted outside its mandate: Speaker Shahid

Speaking at the committee meeting, Shahid stated that he believed that the judicial watchdog had acted unconstitutionally in assigning magistrates to a particular case.

“In deciding upon the bench, the JSC did follow its rules of procedures. As in, it was voted upon in an official meeting and six of the seven members in attendance voted on the matter. The seventh member being the Chair, does not vote in matters,” Shahid explained.

“However, whether it is within the commission’s mandate to appoint a panel of judges in this manner is an issue which raised doubt in the minds of more than one of my fellow members.”

Shahid then referred to the existing legal framework, quoting articles to back his statement that he did not believe the matter was within the responsibilities of the commission.

He quoted Article 21 of the JSC Act, Articles 48 and 49 of the Judges Act, and from the Judicature Act.

Article 21 of the JSC Act outlines in detail the responsibilities and powers of the commission.

Article 48 of the Judges Act states “A judge can be temporarily appointed to another court in the instance that the court is unable to sufficiently complete assigned work, or if the court has difficulties providing services, or if the judges serving in the court has been suspended from their duties. or if other circumstances which may cause a delay in the completion of work assigned to the court occur.”

Article 49 of the same act states “It is the Judicial Services Commission, with the counsel of the Judicial Council, which will come to a decision on the transfer of judges to oversee cases in other courts.”

Article 55 (a) of the Judicature Act states “In addition to the responsibilities assigned by other laws, the responsibilities of the Senior Judge of a superior court are the following: (a) Determine the Judges who would adjudicate the cases of that court.”

“None of these articles say anything about assigning cases concerning a particular individual to a specific set of people. The JSC is mandated with the appointment and transfer of judges. But it does not say anywhere here that the JSC holds the powers to assign cases to specific judges,” Shahid said.

“Hence, I do not believe that the appointment of a panel of magistrates to the Hulhumale’ Magistrate falls into the mandate of the JSC,” Shahid stated.

“The reason why I need to state this here is because the constitution explicitly guarantees the right to a fair trial to all individuals. When things proceed as they are going now, this is being compromised. So I must speak out,” he said.

Responding to a question posed by Maldivian Democratic Party (MDP) MP Ahmed Abdulla, Shahid said he did not “feel it was the right course of action” to remove then Senior Magistrate of Hulhumale’ Magistrate Court Moosa Naseem from the case after he had assumed responsibility for the case.

“Moosa Naseem, who was then in charge of the Hulhumale’ Court sent in his recommendations for magistrates who are to sit on Nasheed’s case to the JSC for comments. This list included his own name. The JSC then replaced all three of these magistrates. Do you feel this was done in the rightful manner?” Abdulla asked.

“I do not think removing Naseem was the right course of action. There should be a good reason to remove a judge from a case from which the judge has not recused himself. I think that is a good issue for this committee to further investigate,” Shahid responded.

Asked about the formation of the Hulhumale’ Court, Shahid answered that his summons letter had detailed that he would be asked specifically about the assignment of the panel, adding that therefore he felt it “unnecessary to even extend [his] thoughts” to any other topic.

Political competitiveness

“As Speaker of Parliament, you have been working with us 77 MPs for years now, in a very politically volatile environment. You are also one of the most senior council members of Dhivehi Rayyithunge Party (DRP), and we belong to your political opponent, MDP,” MDP MP Ali Waheed addressed Shahid.

“In these past few years, there have been times when we have acted very harshly against you. We even initiated a no confidence motion against you. Now to come back, you have just told us that you don’t think the assignment of the Hulhumale’ Court panel is legitimate. This is the panel which will be ruling on the presidential candidate of your political opposition,” Ali Waheed continued.

“My question to you is, under these circumstances, can you tell us in what light you see the events that are unfolding? Do you think the trial that is being conducted by this panel we speak of can be free and impartial?”

Shahid promptly responded that he did not entertain any political thoughts while serving as a JSC member.

“You have pointed out that I come from a specific political party, and you are right. Nevertheless, I was voted in as Parliament Speaker through votes cast by MPs from various parties. When I sit as speaker, I do not see any political action, and instead work as per the regulations and the constitution,” Shahid answered.

“I sit in the JSC because of my role as speaker, and hence as a rule, I have no right to harbour any political thoughts or mindset in the work I do there, nor will I do so,”’he said.

“In casting my vote in JSC or advocating for different matters in the commission’s meetings, the only focus I keep is on doing what is constitutionally mandated. Hence, even at a politically turbulent time, on a very politically contentious matter, I am sitting here in this chair and telling you that in my personal capacity I believe the JSC acted wrongfully in having appointed that panel,” Shahid repeated.

Chair of the Independent Commissions Oversight Committee Independent MP Mohamed Nasheed did not attend Tuesday’s committee meeting. He was also not present at the last two meetings of the committee where JSC members Abdulla Didi and Sheikh Rahman were summoned.

Likes(0)Dislikes(0)