Supreme Court cancels hearing on cabinet endorsement issue

The Supreme Court has canceled the first hearing of the case filed against the government by the opposition over the matter of cabinet endorsement.

The case was filed by opposition Dhivehi Rayithunge Party (DRP) Deputy leader and MP Ali Waheed and the Dhivehi Qaumee Party (DQP), requesting that court to determine whether cabinet members who did have the consent of the parliament could remain in their position.

The hearing was scheduled for 10:30pm, however after the media and others entered the court chamber the court announced that the hearing was canceled and would be scheduled later.

The court did not mention any reason why the hearing was canceled.

Later the Supreme Court issued a statement saying that one of the court’s judges was unable to be present at the panel and ”the case could be trialed only if all the judges are present.”

Supreme Court said that the judge had to leave due to the medical condition of his child and that the date the hearing would be scheduled is to be advised.

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Speaker and Deputy Speaker will be unable to enter parliament if Hashim cannot, claims Reeko

Parliamentary Leader of the Maldivian Democratic Party (MDP), MP ‘Reeko’ Moosa Manik, has threatened to bar the speaker of the Majlis and his deputy from entering parliament if Finance Minister Ali Hashim is prevented from performing his duties.

Manik has warned that if Finance Minister Ali Hashim is disallowed to enter the parliament chamber to present the annual budget for next year, Speaker Abdulla Shahid and Deputy Speaker Ahmed Nazim would be prevented entry by the MDP.

Ali Hashim was one of the five ministers parliament yesterday voted to dismiss from the cabinet.

After three weeks of stalemate, parliament voted to approve five out of a dozen cabinet ministers reappointed by President Mohamed Nasheed in July, while MPs of the ruling MDP boycotted the sitting before voting began.

Seven ministers – Finance Minister Ali Hashim, Education Minister Dr Musthafa Luthfy, Foreign Minister Dr Ahmed Shaheed, Fisheries Minister Dr Ibrahim Didi and Attorney General Dr Ahmed Ali Sawad – did not receive a majority of votes from the 42 MPs in attendance.

Moosa said that it was not for the opposition Dhivehi Rayyithunge Party [DRP] to decide whether Hashim can or cannot enter the parliament in cases related to finance ministry.

”There is not even a slight difficulty for Hashim to enter the parliament as long as he remains as an appointed minister by the executive power,” said Moosa. ”The vote parliament took yesterday was also illegitimate.”

Moosa said yesterday that MDP MPs left the parliament chamber to loosen the deadlock in parliament over cabinet endorsement, so that the parliament could proceed with other necessary works such as a Witnesses Bill and approving next year’s budget.

Moosa’s remarks suggested it was a response to what DRP leader and MP Ahmed Thasmeen Ali and People’s Alliance party [PA] deputy leader and deputy speaker of the parliament MP Ahmed Nazim said following the parliament’s decision.

Thasmeen told the media that if the dismissed ministers remain in office to proceed with their work, ”it would be a really serious issue and the matter would be taken to the Supreme Court.”

Meanwhile, Nazim have told the media that ”there is no way Hashim could present the budget as he did not get the consent of the parliament to be in the position.”

Nazim also argued that any minister that did not get the consent of the parliament should not remain in the position.

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Despite parliament’s disapproval ministers will remain in office, says President

President of the Maldives Mohamed Nasheed has said that ministers will not be removed from their positions if disapproved by the opposition-majority parliament during the endorsement process.

The Dhivehi Rayyithunge Party (DRP) has argued that parliament will endorse ministers individually and is reported to have a list of members it plans to disprove. The government contents that parliament’s endorsement of ministers is “ceremonial” and should be done wholesale.

Speaking during his weekly radio address, Nasheed said that he believed the consent of the parliament should be given ministers “as a whole, rather than voting individually.”

“Members appointed to the cabinet will remain in office whether the parliament approves or disapproves a member,” said Nasheed.

If the Maldivian Democratic Party (MDP) MPs felt guilty in taking part in “an unlawful vote”, Nasheed requested them to remain silent in the parliament chamber and not take part.

Nasheed said although there were ministers who did and did not have the consent of the parliament, the DRP’s position was unrealistic.

“Although I desire the parliament’s approval for the cabinet it is not wise to keep the whole country in limbo until a condition that was not prescribed in a law is fulfilled,’’ he added.

Parliament ground to halt several weeks ago over the issue, and has been derailed on points of order.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan said the president’s decision would “drop the whole country into chaos.”

“He is disrespecting the constitution,’’ said Nihan, “even though he is the person who should be the most responsible for upholding the constitution.’’

Referring to the president’s position on the issue, Nihan suggested that “tomorrow a citizen might go in front of the president’s office claiming to be the president ‘because the constitution does not clearly state the details of who shall be president.'”

“If these things continue to go this way, one day the citizens may enter the president’s office and throw out the cabinet ministers themselves,” he warned. “I call on the president to respect and uphold the constitution.”

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