Tag: acc

Corruption charges sought against former province minister for unauthorised sports expenses

The Anti-Corruption Commission (ACC) has asked the Prosecutor General’s (PG) Office to press corruption charges against former state minister for the Upper South Province, Umar Jamal, as well as his two deputies for authorising expenses in violation of public finance regulations.

Jamal and his deputies – Mohamed Shareef of Gongali, Gaaf Alif Villigili, and Mohamed Shareef of Fusthulhaage, Gaaf Dhaal Thinadhoo – are accused of abuse of authority to unduly benefit a third party by releasing MVR118,522 (US$7,686) from the province office budget in 2009 and 2010 as financial assistance for sports tournaments and friendly matches.

The ACC investigation was prompted by a complaint alleging that MVR9,000 (US$584) was spent out of the Gaaf Dhaal atoll office budget in April 2010 for a football team from Gaaf Dhaal Gahdhoo to travel to a match.

Moreover, one of the deputies was accused of hiring a boat from Thinadhoo for more than MVR15,000 (US$973) in March 2010 to go to Villigili for a football match.

The commission found that MVR30,764 (US$1,995) in 2009 and MVR87,758 (US$5,691) in 2010 was spent to purchase sports equipment and cover transportation costs for teams to travel between islands for matches.

The expenditure was made out of budget items earmarked for fuel expenses, domestic travel, financial assistance for efforts beneficial to the community, cash prizes from the government, and overtime pay, the ACC found.

The ACC also discovered that MVR780,866 (US$50,640) in excess of the allocated amount was spent in 2009 out of the five budget codes.

The commission noted that public finance regulations prohibit expenses out of the office budget for sports tournaments – even if a state institution was fielding an office team – as well as the purchase of sports items in the absence of a budget item for sports.

“And authorisation should not be given for expenditures that are not specified in the budget,” the press release stated.

Province offices headed by state ministers for home affairs were created under the administration of former President Mohamed Nasheed as part of the ousted Maldivian Democratic Party government’s short-lived policy of dividing the country into seven administrative provinces.

The Upper South Province comprised of Gaaf Alif and Gaaf Dhaal atolls.

The province model was however scrapped from the government-sponsored decentralisation legislation by the then-opposition majority parliament, which passed the bill with the traditional 21 administrative atolls.

Likes(0)Dislikes(0)

Night market contract terminated, ACC informs city council

The Anti-Corruption Commission (ACC) has informed Malé City Council that its agreement with Go Media Pvt Ltd for organising the annual night market in the capital was terminated last year.

In a press release yesterday, the commission noted that it had been informed by the previous city council on November 21 that the five-year contract with Go Media had been invalidated.

The ACC press statement comes after Go Media announced that this year’s night market will be held from May 1 to 10 at the tsunami memorial area with 460 tables and 62 tents.

Go Media General Manager Ibrahim Amir told local media that the company had not been informed of the termination, suggesting that this could only be done by a court following litigation.

The ACC has yesterday noted that it had received a copy of a letter sent to Go Media by the city council informing the company of the contract termination.

“And the council has been told that the commission believes that going ahead with the terminated contract would be unduly benefiting a particular party,” the statement read.

Go Media’s Amir revealed that 85 percent of stalls had been sold already, noting that preparations for the market were ongoing with the city council’s authorisation.

Mayor Mohamed Shihab meanwhile told the press that the night market will go ahead as scheduled as the council has not been ordered by any state institution to terminate the agreement.

The new council’s stance was to honour agreements entered into by the previous council, Shihab said, contending that the council could be sued if it terminated contracts on its own accord.

Shihab said, however, that the council would comply with instructions from relevant authorities to cancel any agreement.

“I am surprised that the ACC has not told us to terminate the agreement if there was corruption involved,” he was quoted as saying by newspaper Haveeru.

The mayor was unavailable for comment today.

Corruption

Earlier this month, the ACC asked the Prosecutor General’s (PG) office to press corruption charges against three ex-councillors as well as three senior staff over alleged abuse of authority in the awarding of the contract to Go Media.

Following an investigation – prompted by a complaint filed in March 2013 alleging corruption in the bidding process –  the ACC found that Go Media Pvt Ltd was registered eight days before the city council’s announcement seeking a party to organise the night market.

However, the council awarded full marks to the company for experience during its bid evaluation process, the ACC revealed.

While the committee that evaluated the proposal determined that Go Media’s team had experience in organising such events, the ACC noted that the company did not submit any documentation as proof of experience.

Moreover, the council’s request for information document did not state that marks would be awarded for experience.

Of the three ex-councillors facing corruption charges, Ibrahim Shujau and Ahmed Hameed ‘Fly’ were elected on Dhivehi Rayyithunge Party tickets in 2011 before defecting to the Maldivian Democratic Party (MDP) and the Jumhooree Party, respectively.

The third ex-councillor – former Deputy Mayor Ahmed Samah Rasheed – was elected on an MDP ticket.

Shujau meanwhile contested in last month’s parliamentary elections as the MDP’s candidate for the Galolhu South constituency, losing to incumbent MP Ahmed Mahloof.

None of the 11 councillors of the Male’ City Council elected in February 2011 were re-elected in the second local council elections that took place on January 18.

Likes(0)Dislikes(0)

Week in review: March 30 – April 5

This week saw continued reverberations from the Majlis elections, with further switches to the Progressive Party of Maldives (PPM) swelling the Progressive Coalition’s number of seats to 57.

With the defection of Thimarafushi MP-elect Mohamed Musthafa, the Maldivian Democratic Party’s (MDP) numbers dropped to 25, whilst three of the five successful independent candidates have now moved to the PPM.

The MDP this week accused the coalition parties of bribery and corruption during the Majlis polls, urging further investigations by relevant stakeholders.

The changes promised by the opposition party in the wake of their disappointing performance began with the resignation of party Chair ‘Reeko’ Moosa Manik.

At the conclusion of the party’s national council meeting – during which former President Mohamed Nasheed became acting party president – Reeko urged fellow party leaders to follow his lead.

After seeing the official confirmation of its electoral success, the government announced the details of its fisherman’s allowance – beginning last Tuesday (April 1) – with up to MVR10,000 pledged for lean months.

President Yameen’s largesse was also felt by 169 convicted prisoners granted clemency, as well as prospective foreign investors who were promised they would be made to feel at home.

“We are going to open up the Maldives in a huge way to foreign investors. Our thirst cannot be quenched. The opportunity to foreign investors is going to be enormous,” he told those present at the launch of a new housing project in the proposed “youth village” of Hulhumalé.

The government’s inherited plans for the mandatory enrollment of foreigners on the pension scheme were delayed this week, however, after an amendment was introduced in the Majlis to make involvement voluntary.

A shortage of government funds was cited this week as reason for the closure of the Maldives’ High Commission in Bangladesh, while plans to reduce state expenditure also resulted in proposals to disband local Women’s Development Committees.

The State Trading Organisation’s plans to tap into the tourism market in order to secure a steady stream of dollars look set to come to fruition early next year with the completion of their Hulhumalé hotel.

The outgoing members of parliament appeared intent on finishing the session productively, passing legislation on anti-money laundering as well as extending the General Regulations Act.

After having rejected a near-identical penal code draft in December, a more amenable quorum this week passed a replacement for the current 1960s version – more than four years after it was first introduced to the legislature.

In the committee room, approval was given for the new governor of the monetary authority and member of the police watchdog, though consent for the long-awaited new prosecutor general was withheld.

The PG’s Office meanwhile revealed that the Criminal Court – with whom it has quarreled over the Majlis failure to approve the new nominee – had used numerous excuses to turn away 30 percent of cases forwarded to it in the past three months.

The offices workload looks set to be added to by the Anti Corruption Commission’s recommendation that charges be filed against former Malé City councilors in relation to the contract for last year’s night market.

The Civil Court this week received a case from local businessmen seeking money owed by the State Bank of India, while the Juvenile Court received reluctant members of the Human Rights Commission as their dispute over an allegedly misleading report continued.

Eighteen months after the murder of PPM MP Dr Afrasheem Ali, the Criminal Court heard revealing testimony in the trial of Ali Shan – accused alongside the already-sentenced Hussain Humam.

The activities of police – under-resourced, according to the commissioner – in the confiscation of a record 24kg of heroin were revealed this week, while President Yameen took advantage of the force’s 81st anniversary to warn officers to use the current calm to prepare for future challenges.

Finally, Minivan News this week heard from local environmental NGOs about the plight of local turtle species as well as the difficulty in raising awareness of climate-change among the country’s young people.

Likes(0)Dislikes(0)

MBC asks DhiTV to respond to the case filed by ACC

The Maldives Broadcasting Commission (MBC) has asked private TV station DhiTV to respond to a case file by the Anti-Corruption Commission (ACC) alleging that the TV station had misled the public.

Speaking to Minivan News today, ACC President Hassan Luthfee said that the commission had filed the case with MBC after DhiTV had irresponsibly criticised the commission.

“It is alright to criticise me, but the Anti-Corruption Commission is a state institution and everyone must respect all the state institutions,’’ he said. “We accept criticism but it also has to be done professionally.’’

Luthfee said he does not remember the exact quotes broadcast on DhiTV.

“We normally do not give any information about cases before the investigation is concluded and I do not know how the media knew that we filed a case with the MBC,’’ he said.

Furthermore, Luthfee said that everyone must work together to correct issues with the state institutions, and that criticism alone could not solve any issue.

Online newspaper Sun reported that the MBC had sent a letter to DhiTV asking it to respond to the allegations by March 13.

Sun reported that the ACC had filed the case with MBC claiming that on January 20, 2014, DhiTV aired a TV program called ‘Talk of the town’ in which the TV station had broadcast content that was disrespectful of the corruption watchdog.

According to Sun, MBC told DhiTV that the station was alleged to have violated the MBC Code of Practice Article (3)(1), though it had not yet concluded its investigations.

Last month, MBC asked DhiTV and its sister company – the radio station DhiFM Plus – to stop using upside down images of Elections Commission (EC) President Fuwad Thowfeek.

MBC President Mohamed Shaheeb sent a letter to the two stations advising them not to broadcast anything in a way that might encourage unrest, and to keep in mind that the parliament elections were ahead.

MBC gave similar advice to the two stations in November after they had shown photos of three members of the EC – Thowfeek, Ahmed Fayaz, and Ali Mohamed Manik – upside down with a caption alleging that they had committed electoral fraud in the annulled September 7 presidential election.

Following the incident, MBC sent a circular to all broadcasters noting that complaints regarding the disrespectful use of photos had led to it taking action against media outlets for violating the broadcasting code.

In January this year MBC ordered both the Maldivian Democratic Party (MDP) aligned Raajje TV and the Jumhooree Party-aligned VTV to issue apologies for content broadcast during the prolonged presidential election.

While Raajje TV was found to have aired content defamatory to the Supreme Court, VTV was asked to issue an apology for material defaming the MDP’s presidential candidate Mohamed Nasheed, as well  as MP Rozaina Adam, and EC President Thowfeek.

Broadcasting any image or video footage that disrespects the honor or sanctity of a person or a group of persons is in violation of MBC’s Code of Practice.

The broadcasting commission is a 7-member body entrusted with implementation of broadcasting policy, regulation of broadcasting industry, and the promotion of responsible broadcasting, was formed in 2010 under the Broadcasting Act.

Likes(0)Dislikes(0)

ACC, Civil Court orders Islamic Ministry to halt bidding process for Hajj groups

The Anti-Corruption Commission (ACC) has ordered the Ministry of Islamic Affairs to halt the bidding process for selecting Hajj Groups to accompany Maldivian pilgrims and to revise the criteria for awarding quotas.

Following an investigation into alleged corrupt practices, the ACC revealed in a press statement today that it identified nine issues with the regulations (Dhivehi) formulated by the ministry for evaluating bid proposals, which was published in the government gazette on February 12.

The ACC investigation was prompted by a complaint lodged at the commission alleging that the regulations were being used to unduly benefit certain parties.

The ACC decision came on the heels of a stay order (Dhivehi) issued by the Civil Court this morning ordering the ministry to halt the bidding process pending a ruling on the validity of the regulations.

The stay order or injunction was granted in a lawsuit filed by two Hajj groups – the Abatross and Minaa groups – contending that the bidding process was unfair.

Among the issues identified by the ACC was a new requirement for interested parties to submit bank statements – dating back six months – of the company’s management account and money depositing account.

Companies were also required to submit details of employees who would be accompanying pilgrims as well as documents proving their experience.

While 15 percent of marks were to be awarded for experience, the ACC noted that the regulations did not specify how experience would be measured or graded.

Moreover, while companies were required to submit details of ticket prices along with their proposal, the ACC noted that it would depend on the quota, which was to be decided by the ministry following evaluation of bids.

In addition, the commission found that there were no guidelines to evaluate the proposed price (45 percent of marks) and the quality of service (30 percent), whilst the ministry had not set a ceiling for the quoted price.

Based on its findings, the ACC ordered the ministry to revise the issues identified in its investigation report – shared with the ministry today – before resuming the bidding process.

Of the 800 pilgrim quota afforded to the Maldives by Saudi Arabia, 400 were reserved by the government’s Hajj Corporation while the rest were to be divided amongst companies chosen from the bidding process.

The proposals were to be submitted to the Islamic Ministry at 10:30am today.

The bidding process for Hajj groups was marred by controversy in 2013 as well. In May, the High Court overturned a Civil Court ruling in which the trial court ordered the Islamic Ministry to reevaluate several unsuccessful bids presented by local Hajj groups.

Likes(0)Dislikes(0)

Government to reclaim property awarded to ferry service providers

The government is seeking to reclaim properties provided to companies awarded contracts by the administration of former President Mohamed Nasheed in order to establish regional transport networks, President Abdulla Yameen said last night.

Speaking at campaign launching ceremonies for two Progressive Party of Maldives’ (PPM) parliamentary candidates, President Yameen contended that the transport networks had “failed” across the country.

“The network is at a halt in all areas. It is functioning in just two areas. In one of those areas it is a private sector party providing the service. The system has been very much weakened,” he said.

The Maldivian Democratic Party (MDP) government awarded 200 plots of lands under its transport network agreements to the companies contracted to provide ferry services, Yameen noted, claiming that the bidding process was riddled with corruption.

“For islands given to develop resort, on average we are talking about an annual income of US$30 million. If we consider the total income of a resort we are talking about US$30 million dollars. Out of these 200 plots, a lot were given for resort development. All of them have now been sold,” he said.

While the public-private partnership project “in itself was good,” Yameen contended that it was the most wasteful and corrupt programme carried out by the MDP government.

The programme was intended to unduly benefit certain parties by awarding public property and funds, Yameen added, describing it as the worst such “in Maldivian history”.

“So the work we have to do is taking back such properties that can be beneficial to the public [and undo] the action of a group who claimed that there was corruption in the past and that they would stop it,” he said.

Of the two functioning transport networks at present, Yameen noted that ferry service was currently provided by the government-owned Koodoo Fisheries Company in Gaaf Alif and Gaaf Dhaalu atolls.

In October 2012, the MDP-controlled Gaaf Dhaal Atoll Council accused the previous company of ceasing ferry services and asked the transport ministry to cancel the agreement.

Yameen meanwhile vowed that there would not be a corruption case under his administration that would reach the Anti-Corruption Commission (ACC).

“During our five years, God willing you won’t hear of anything that could reach the ACC,” he said, adding that the commission was investigating allegations of corruption “from all sectors” during the MDP’s three years in government.

The government was also seeking to reclaim large plots of land in the capital awarded by the previous government to the MDP-controlled Malé City Council, Yameen said.

However, he added that reclaiming some properties might be difficult even through litigation as estate transactions were advanced in some cases.

PPM campaign

Speaking at the campaign launching event for the PPM’s candidate for the Hulhuhenveiru constituency, Hassan Ziyath, Yameen said he was pleased that “capable and educated youth” were contesting the upcoming parliamentary elections on behalf of the governing Progressive Coalition.

The cabinet was also composed of competent young technocrats, he added, who were working “day and night” with a team committed to implementing the PPM manifesto.

In the campaign launching event for the PPM’s mid-Henveiru constituency candidate, former journalist and television presenter Aishath Leeza, Yameen criticised parliament for failing to approve his nominee for the vacant Prosecutor General post as well as his nominee for the Elections Commission (EC).

The resignation of former EC member Ibrahim ‘Ogaru’ Waheed in October 2013 left a vacancy in the five-member independent commission.

Yameen also criticised parliament for failing to pass legislation such as the penal code, the evidence bill, and the criminal procedures code, which were essential for strengthening the criminal justice system.

The president vowed to establish “a safe and peaceful environment” for citizens in all inhabited islands of the country.

While the government was taking measures to “deter crime,” Yameen said the issue was related to “education of youth.”

He noted that the current administration has introduced Arabic and Quran classes in most schools in the country.

Plans were in the pipeline to introduce civic education and social science subjects in secondary education later this year, he revealed.

“The purpose of including these [subjects] is to provide information to children on how to confront or reconcile upsetting matters that you face within a family or society,” Yameen said, stressing the importance of policies propagated by the state to “maintain Islamic principles.”

Likes(0)Dislikes(0)

ACC to probe Civil Court Judge bribe claim

Read this article in Dhivehi

The Anti- Corruption Commission (ACC) is to launch an investigation into a Civil Court judge’s claim that she was offered a US$5 million bribe.

Speaking on Maldives Broadcasting Corporation’s (MBC) Friday afternoon show ‘Heyyambo’ Judge Aisha Shujoon Mohamed said there was some truth to the belief judges accepted bribes in the Maldives, revealing that she had been offered a US$5 million bribe herself.

“I became angry and shouted at them. Then they left,” she said.

Speaking to Minivan News, ACC President Hassan Luthfy said the ACC had decided to launch an investigation as Article 4 of the Anti Corruption Act requires the penalisation of anyone offering bribes to judges. Any individual convicted faces a 10-year jail term.

Luthfy said that judges must inform the ACC of bribe attempts immediately and that keeping such a case hidden is in itself a crime.

“Concealing bribe attempts is an offense, even by the code of conduct for judges. It is an offense not to inform this commission,” Luthfy said.

According to a study conducted by governance NGO Transparency Maldives in December, the judiciary is perceived to be among the most corrupt institutions in the country.

Approximately 55 percent of those surveyed believed the judiciary to be most corrupt, while 60 percent and 57 percent believed the parliament and political parties to be most corrupt, respectively.

Bribery

Speaking on ‘Heyyambo’, Shujoon said she could not say whether judges had or had not accepted bribes, but that it may happen given the salaries allocated to judges.

“It [bribes] can be very appealing if its sets you up for life, given our pay and the amount of work we have to do. So I cannot say there is no truth to that. That is because something like that happened to me,” she said.

There will always be individuals who are unhappy with verdicts, but judges can only decide on what is presented in the courtroom, Shujoon said.

“Verdicts are delivered on what is presented. Sometimes I wonder if I have truly delivered justice. But that is the way it is in front of the law and in front of me,” she said.

Shujoon is among the first female judges in the country. She said she had accepted her appointment in 2007 to prove women too can serve in the judiciary.

Shujoon further revealed that she considers her purpose fulfilled and is now deliberating on retiring from the judiciary.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in March 2013 expressed concern over the gap in equal representation of women in the judiciary, stating that the country’s eight female judges had “reached their positions through sheer determination and dedication since there is no policy or strategy to increase women’s representation on the bench.”

Likes(0)Dislikes(0)

ACC investigating alleged mortgage of public property by MVK

The Anti-Corruption Commission (ACC) is investigating allegations that MVK Maldives Pvt Ltd mortgaged public property for loans from the Bank of Ceylon (B0C) in 2009.

According to local media, the property mortgaged by the company, Maafanuaage, included a 12,000 square foot plot owned by the state.

Following MVK’s default of the loans worth MVR4.5 million and US$195,000, the BoC announced the sale of Maafanuaage last month.

Likes(0)Dislikes(0)

Nexbis gave laptops as “bribes” in border control project: ACC

Malaysian security firm Nexbis offered laptops as “bribes” to the Department of Immigration and Emigration’s staff to proceed with a border control project, the Anti- Corruption Commission has said.

In a statement today, the ACC said Nexbis had given 14 inch Lenovo laptops to senior staff at the Department of Immigration on May 10, 2012 in order to “increase Immigration staff’s interest for the project, and to obtain their cooperation so that Nexbiz could proceed with the project.”

The government signed a concession with Nexbis in 2010 to install and operate a border control system. However, in 2011 the ACC ordered the government to terminate the contract claiming that then-Immigration Controller Ilyas Hussain Ibrahim and a Finance Ministry official had abused their authority for undue financial gain in awarding Nexbis the MVR500 million (US$39 million) project.

Nexbiz appealed the commission’s order at the Civil Court. While the Civil Court ruled the ACC did not have the authority to terminate the contract, the High Court later overturned the lower court’s ruling.

In August 2013, the government terminated the agreement citing unspecified “major losses” to the state and replaced the project with a Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government. The parliament had also unanimously voted for termination of the contract in December 2012.

In September 2013, the Supreme Court upheld the Civil Court’s ruling declaring that the ACC did not have the legal authority to order the termination, noting the order was made after the agreement was signed.

Evidence

According to the ACC, the concession agreement does not list laptops under project deliverables. Although the concession agreement says Nexbis must provide mobile enforcement tools to enforcement officers, laptops are not included in these tools.

The steering committee in charge of the project told the ACC that the laptops were given in order to facilitate communication between the project’s stakeholders, to conduct border control training and to test the system.

However, the Immigration Department’s IT staff told the ACC that every immigration staff member had a desktop computer and that laptops were not necessary for the outlined tasks.

Evidence shows “the project’s steering committee accepted the laptops as a bribe to enable Nexbiz and gave laptops to other Immigration staff as a bribe,” the ACC said.

The commission has recommended the prosecutor general file bribery charges against the steering committee for accepting bribes and offering bribes to other staff.

The steering committee includes former Immigration Controller Ilyas Hussein Ibrahim, and staff members Abdulla Waheed, Ibrahim Ashraf, Saeed Mohamed, and Ali Saeed.

If found guilty, the five may be sentenced to five years in jail, banishment, or house arrest.

Likes(0)Dislikes(0)