Tag: cabinet

Parliament immobilised for third week running over cabinet endorsement issue

The parliament sitting today was again cancelled this morning, with the political deadlock over the cabinet endorsement issuing immobilising the legislative branch of government for the third week runnig.

Speaker of Parliament Abdulla Shahid canceled the sitting and suggested the political parties come to an understanding over the cabinet endorsement issue, the same request he made last week.

The previous sitting was also canceled after the opposition and ruling party MPs clashed over the issue of cabinet endorsement, and MPs refused to debate other bills.

The opposition and the ruling party MPs have been continuously blaming each other for parliament’s repeated cancellation.

Opposition MPs claim that the ruling Maldivian Democratic Party (MDP) MPs were declining to follow the parliament’s rules of procedure and alleged they were trying to influence parliamentary proceedings.

Opposition MPs have demanded individual approval of each member of the cabinet, and announced that they intend to disapprove six current cabinet ministers.

However, MDP MPs believe that the parliament should amend the rules of procedure and shall give consent to the cabinet as a whole rather than voting individually, as the no-confidence motion already exists.

President Mohamed Nasheed has said in his weekly radio address that although the parliament voted to dismiss any member of the cabinet, they will still remain in office, despite parliament’s disapproval.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan once again said that MDP MPs were deliberately forcing the speaker to cancel the parliament by constantly creating point of orders, to try and dismiss the cabinet endorsement issue from parliament’s agenda.

”After what the president said during his radio address, we were comforted at the thought that MDP MPs would remain silent as they were told and would let the cabinet endorsement issue continue,” said Nihan. ”We condemn this act of the ruling party, it is regrettable that the parliament has malfunctioned for nearly three weeks now.”

Nihan said there was a lot of other work that the parliament needs to complete.

”There will be the budget that has to be passed by the end of November, work on the Tax Bill is also at a halt, and the committee meetings as well,” he said.

He called on all the political parties to discuss the issue and to arrive to a common understanding so that the parliament could reinstate its work.

President Nasheed said during his weekly radio address that disapproval by parliament would mean ministers would be dismissed, and suggested MDP MPs to remain silent during the vote so parliament’s agenda could proceed.

Press Secretary for the President Mohamed Zuhair told Minivan News that it was unfair to say that only MDP MPs were responsible for the parliamentary deadlock.

”The real issue is due to a misconception in the meaning of the constitution, for there are MPs in the parliament who still have an ancient way of translating the constitution,” said Zuhair. ”It is regrettable that the parliament have arrived to a halt .”

Zuhair said the opposition was now effectively obstructing the president from establishing his government.

”Some of them cannot accept defeat and are attempting to obstruct the president from establishing a government,” he said. ”

Speaker Shahid said that the next sitting will be held tomorrow.

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Speaker cancels parliament after MPs continue dispute over cabinet endorsement

The parliament sitting today was again cancelled after the opposition and ruling party MPs clashed over the issue of cabinet endorsement.

Newly-appointed spokesperson of the Maldivian Democratic Party (MDP) MP Alhan Fahmy told Minivan News that the parliament sitting became heated after the MDP parliamentary group leader MP Moosa ‘Reeko’ Manik took a point of order saying that the cabinet endorsement should only be included in the agenda after amending parliament’s rules of procedure.

“Moosa said that parliament should only proceed with the issue after amending the rules of procedure,’’ said Alhan. ‘’He said that there was no procedure to follow when endorsing the cabinet ministers.’’

The opposition MPs disagreed and the sitting was concluded.

The Supreme Court ruled last Thursday that while article 171(i) of the parliament’s rules of procedure does not contradict with constitution, it cannot be used in endorsing cabinet ministers.

Attorney General Dr Amhed Ali Sawad said the ruling “clearly establishes that even if the Majlis does something outside its stated precinct in the constitution, such an act will be ultra vires (beyond its powers)”.

“In terms of legal precedent it has established a Supreme Court endorsement of separation of powers theory in the constitution, and identifies the separate legal precincts of the executive, legislature and judiciary,” he added.

However he noted that the Supreme Court decision left it open to the parties to resolve the deadlock – which currently shows no sign of happening.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan claimed that “once again MDP MPs deliberately forced the speaker to cancel the parliament after making disruptive remarks.’’

Nihan claimed that MDP wanted to “use their power inside the parliament rather than following the rules of procedure.”

‘’If the parliament sitting is to  proceeded, than the ruling party must keep aside their stubbornness and let the sittings proceed according to the rules of procedure,’’ Nihan said.

Niahan said DRP parliamentarians have decided not to endorse ministers  “including Foreign minister Dr Ahmed Shaheed and Defence minister Ameen Faisal, for they have conducted actions against the constitution.”

He also said that DRP’s planned protests will be ongoing and it were delayed out of consideration for students’ exams.

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Police to investigate vandalism of Supreme Court

Police have launched an investigation into the last week’s vandalism of the Supreme Court, the former palace of Maumoon Abdul Gayoom, after black oil was sprayed onto  the walls of the building,

The vandalism occurred during a week of opposition-led protests, triggered by a disagreement with the government over the process of endorsing the reappointment of cabinet ministers. The Supreme Court last week ordered the parliament to delay the cabinet endorsement until the court delivers a ruling.

The court also issued a statement calling the act “disgraceful”, claiming that it “tarnishes the reputation of the court.”

The Supreme Court has now filed the case with police. Sub-Inspector Ahmed Shiyam said police were investigating the matter, but that so far nobody had been arrested in connection with the crime.

The court also said the official name board of the court was also sprayed with the oil.

DRP MP Dr Abdulla Mausoom said DRP’s protests were not an objection to the ruling of the Supreme Court.

“We protested to express our concern over the actions of the government for disrespecting the constitution and deliberately attempting to delay the cabinet endorsement,’’ said Mausoom.

Mausoom said DRP’s protest last week was concluded “precisely on the decided time”, and that it had no connection with the act of vandalism.

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Deadlock deepens as Supreme Court grants government injunction over ministerial reappointments

Parliament has deadlocked after the Supreme Court granted the government a temporary injunction last night, blocking the endorsing of cabinet ministers until a ruling on the process can be issued.

The injunction derailed parliament on Tuesday morning, after opposition Dhivehi Rayyithunge Party (DRP) MPs raised points of order claiming that the sittings could not continue until the cabinet appointments were resolved.

The sitting was called off this morning by Speaker Abdulla Shahid.

In June this year, the entire cabinet of the Maldives resigned in protest against “scorched earth politics” of the opposition-majority parliament, leaving only President Mohamed Nasheed and Vice President Mohamed Waheed Hassan in charge of the country.

The cabinet ministers complained that parliament was blocking them from performing their constitutional duties, leading to protests and deadlock.

Nasheed reappointed the ministers several weeks later, however parliament has yet to formally endorse their appointments due to a disagreement between the government and the opposition and over whether ministers will be endorsed individually or collectively.

Press Secretary for the President Mohamed Zuhair said that endorsing ministers individually would amount to a series of no-confidence motions.

Last week there were unconfirmed reports that the DRP has a list of six members of the 14 member cabinet that it does not intend to approve.

“There is already a process in place for a no-confidence motion when a minister is deemed untrustworthy,” Zuhair said, arguing that individual appointments would bypass this procedure and allow the opposition to use its “brute-force parliamentary majority” to pick off ministers who had displeased it.

Parliament’s endorsement of cabinet was intended “to be ceremonial”, he stated.

“There is precedent. When the laws were being enacted by the Special Majlis drafting the current constitution, if you look at the debate, [former] Attorney General Husnu Suood proposes two ways of approving ministers, both of which are defeated in favour of asking for approval collectively.”

Writing in his personal blog, Independent MP Mohamed Nasheed, former legal reform minister, characterised the government’s appeal to the Supreme Court as “very harsh” and “pointless”.

The Attorney General’s (AG’s) office has contested the constitutionality of article 171(i) of the parliamentary rules of procedure, which states that presidential nominees must be questioned by a parliamentary committee to determine qualification, educational background and competence.

However, as ministers refused to appear before committee and the issue has now been proposed to the parliament floor, MP Nasheed argues that the Supreme Court ruling would not have any bearing on the matter.

“At most, wouldn’t the Supreme Court rule that article 171(i) is null and void?” he writes. “The Supreme Court would not instruct Majlis how to proceed with the approval issue. Wouldn’t that be determined by the Majlis?”

Article 98(a) of the constitution requires cabinet ministers to attend proceedings of parliament when requested, answer any questions put to them by parliament, and produce relevant documentation.

However the government has been reluctant to allow ministers to attend committee meetings ever since the head of the national security committee, leader of DRP coalition partner the People’s Alliance MP Abdulla Yameen, was released from detention pending an investigation into charges of treason and bribery.

Upon release, the committee promptly summoned the Police Commissioner Ahmed Faseeh and Chief of Defence Force Major General Moosa Ali Jaleel for questioning in committee hearing, outraging many MDP MPs.

In August, the cabinet approved new regulations limiting ministers’ interactions with parliament to the chamber itself, and then only with 14 days prior notice.

DRP Deputy Leader and MP Ali Waheed claimed the approved procedures were “against the spirit of the constitution” and would be void.

‘’Actually, parliament has yet to approve a cabinet. When a cabinet is established we will summon them to committee meetings as well – ministers must appear before committees in the interest of the people – the constitution is very clear. Without doubt these new procedures are void – nobody can narrow the summoning of cabinet ministers to parliament.’’

Writing on his website, leader of the opposition DRP Ahmed Thasmeen Ali said that the failure of ministers to attend committee meetings meant that “parliament is unable to effectively provide the checks and balances necessary for the system to work democratically and ensure that the executive branch is accountable for the exercise of its powers.”

On many occasions, “repeated calls from the parliament to these officials have gone unanswered,” Thasmeen said.

“In a democracy, it is through effective oversight that the parliament can ensure a balance of power and assert its role as the defender of the people’s interests. The government’s action is disrupting the functioning of the parliament.”

Zuhair today claimed that the government’s interpretation of the law was that ministers could only be summoned and questioned on the floor of parliament “before all members.”

“Nowhere does it say ministers must attend committee meetings, unless the whole house is a committee,” Zuhair said. “[The opposition] points to another clause that requires any Maldivian citizen to attend summons to respond to questions in committee hearings, but cabinet ministers do not attend in their capacity as private individuals.”

Meanwhile at yesterday’s sitting, DRP MP Mohamed Mujthaz proposed a resolution to seek the Supreme Court’s legal counsel on the refusal of the Chief of Defence Forces and the Commissioner of Police to appear before the national security committee.

Mujthaz proposed the resolution during a debate on a report by the committee, which was presented to the Majlis floor by the committee chair, DRP Deputy Leader Ali Waheed.

The report states that the committee has been unable to conduct any inquiries due to the refusal of the security chiefs to appear before the committee.

Both officials have argued that the committee should summon either the Defence Minister or Home Minister, as the army and police answer to the cabinet.

Hulhu-Henveiru MP ‘Reeko’ Moosa Manik, MDP parliamentary group leader, accused opposition MPs of attempting to summon the police and army chiefs for politically-motivated reasons.

He added that the report did not specify which issue of national importance had been left unattended by the committee due to the refusal of the chiefs to appear.

Referring to the practice in the United States, Yameen said that senior pentagon officials were routinely summoned before senate committees.

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Tourism Minister Dr Sawad nominated as new attorney general

Tourism Minister Dr Ahmed Ali Sawad has been nominated as the new attorney general of the Maldives, according to a senior government official.

Husnu Suood resigned yesterday, taking some responsibility for the constitutional crisis, and urged Speaker Abdulla Shahid to step down as well.

The source told Minivan News that Dr Sawad was ready to take the oath of office pending the missing law on judges, which the administration is waiting for parliament to pass.

‘’As soon as the parliament passes the new law on judges, the new Attorney General will take the oath,’’ said the source.

Dr Sawad was not contactable at time of press.

Meanwhile, the MNDF has blocked the the interim Supreme Court judges from entering the Supreme Court, on advice from the former Attorney General that the interim Chief Justice and judges at the Supreme Court ceased to have any legitimacy following the interim period deadline last Saturday.

When queried why the Supreme Court judges were not allowed to enter to the court, the source replied “that’s because they are not judges.’’

The opposition – and yesterday, the Civil Court – contends that the interim Supreme Court continues to function until a new court is appointed by parliament.  The government claims this chapter was annulled after the two year deadline.

The former Attorney General Husnu Suood resigned claiming his position is untenable in the “constitutional void” triggered by parliament’s failure to enact legislation ensuring the continuation of state institutions such as the judiciary.

In his resignation letter, Suood stated that he had resigned because he did not believe that the state could be operated according to the constitution, because he had noted that state institutions had failed to fulfil their responsibilities as obliged by the constitution.

As a consequence, Suood wrote he did not have the opportunity to perform his own duties and responsibilities under article 133 of the constitution, prompting his resignation.

All three arms of state – executive, judiciary and legislature – are now deadlocked.

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Cabinet passes regulation limiting ministers’ interactions with parliament

The cabinet has approved a new set of procedures governing its interactions with parliament.

“After discussing the draft Cabinet rules of procedure, the Cabinet passed relevant clauses for communications with the People’s Majlis,’’ said the president’s office in a statement last week.”

Foreign Minister Dr Ahmed Shaheed said the regulations “are quite important in terms of how the government will interact with parliament from now on. It draws a clear boundary.”

Referencing article 115 (f) of the Constitution, the new regulations state that a cabinet member can only be summoned to the parliament on mention of a the appropriate article in the constitution, and shall answer questions only during a parliament meeting.

Furthermore, cabinet ministers shall only answer to the parliament “if the cabinet minister is given the notice 14 days prior”,  and “shall only answer questions that the minister must according to the law on questioning ministers.”

Dhivehi Rayyithunge Party (DRP) Deputy Leader and MP Ali Waheed said the approved procedures were “against the spirit of the constitution” and would be void.

‘’Actually, parliament has yet to approve a cabinet. When a cabinet is established we will summon them to committee meetings as well –  ministers must appear before committees in the interest of the people – the constitution is very clear. Without doubt these new procedures are void – nobody can narrow the summoning of cabinet ministers to parliament.’’

However, Maldivian Democratic Party (MDP) MP Ahmed Shifaz said that according to the constitution, the reality for cabinet ministers was very different.

“It does not say that the ministers have to be present at committees hearings – the constitution says that ministers should be answerable to the parliament inside the parliament chamber, not in the committees,’’ said Shifaz.

He said that the opposition still had to approve the cabinet, and that otherwise summoning them for questioning was an act against parliamentary system.

‘’It is not the people who the opposition wish that should be in the president’s cabinet, it should be people appointed by the president,’’ he added.

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President reinstates cabinet, awaits parliament’s consent

President of the Maldives Mohamed Nasheed has reinstated his cabinet ministers in a signing ceremony before Chief Judge of the Civil Court, Ali Sameer, following their mass resignation on June 29, in protest against what they claimed were the “scorched-earth politics” of the opposition-majority parliament.

The only cabinet reshuffle concerned Mahmoud Razee, former Minister for Transport, Civil Aviation and Communications, who was moved to the post of Minister of Economic Development. His former portfolio remains open.

“Cabinet decided to stick together on the issue and resign, to show they are not hell bent on the salaries and niceties of their positions and to prove they want to do good work for the country,” Nasheed claimed.

Following the reinstatement of his ministers, President Nasheed denied the week-long resignation was a publicity stunt for political gain.

“We had to make everyone aware of the gravity of the situation,” he said. “Cabinet members have been complaining about corruption in parliament for some while, [particularly] vote buying.”

“We were last week able to investigate the matter, and I expect police to pass the findings of the investigation to the Prosecutor General’s Office within the next 10 days,” he added.

The ‘new’ cabinet now requires parliamentary consent before resuming office. The President’s Press Secretary Mohamed Zuhair confirmed the government had been delaying the reinstatement until it received signs of cooperation from the main opposition party.

Zuhair acknowledged the strategy was “risky”, an observation confirmed by DRP Deputy Leader Umar Naseer, who claimed “there are definitely ministers that the DRP will not approve, and will have to leave the cabinet.”

Zuhair however noted that the wording of the procceedure according to the Constitution was different to the appointment of the heads of independent commissions.

“Parliament is only required to ‘consent or not to consent’ to the [whole] cabinet,” he explained. “Even if the opposition is factionalised, if we get 7-8 MPs on our side the motion will be carried.”

President Nasheed has met opposition party leaders alone in a meeting on Monday evening mediated by US Ambassador Patricia Butenis, including leader of the majority opposition Dhivehi Rayyithunge Party, Ahmed Thasmeen Ali.

President Nasheed today said that while Thasmeen had not explicitly agreed to cooperate in the meeting, “individual DRP MPs have called me, and said they do not wish the government and parliament to remain deadlocked.”

He said the MPs had claimed they did not wish the entire institution of parliament “to be affected by the actions of individual MPs.”

Foreign embassies and international agencies have been nervously eyeing the seemingly erratic behaviour of the country’s administration, fearing a step backward following its democratic transition.

Yesterday Sri Lankan President Mahinda Rajapaksa also arrived in the country, in a surprise visit on the invitation of President Nasheed to help resolve the political deadlock. He has already met with Thasmeen and former president Maumoon Abdul Gayoom, at his residence Maafannu Aliwaage.

Thasmeen did not respond to Minivan News at time of press.

Photo: Umair Badeeu

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Speaker cancels parliament six minutes into session, meets with leaders

Parliament’s Speaker Abdulla Shahid canceled Wednesday’s Majlis session after six minutes, according to a report in Haveeru.

Shahid cancelled the sitting because he said it would be unable to produce any positive results, given the current political deadlock between the parties.

Instead, Shahid said he wished to speak privately with party leaders. He said discussions were also held with Independent MPs.

The next sitting would be held Monday, he said.

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New cabinet ‘when government reaches understanding with opposition’: Afeef

A new cabinet will be proposed when the government reaches an agreement or understanding with the opposition parties in the Majlis, said the President’s political advisor Hassan Afeef at the daily President’s office news conference, reports Miadhu.

Afeef described the departing cabinet as ‘dynamic, brilliant and hard-working’, and said the government wants any new cabinet members to be endorsed by the opposition dominated Majlis.

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