Tag: civil court

Lawsuit against Thasmeen “a political game”, claims Nihan

Opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan has claimed that a lawsuit lodged in the Civil Court against leader of the opposition and DRP MP Ahmed Thasmeen Ali was “a political game.”

Local newspaper Haveeru reported that three board of directors of Victorious Travels and Tours – Aishath Alima of Machangoalhi Binmatheege, Thohira Hussein of Falhogasdhashuge/Dhaal atoll Kudahuvadhoo and Shaheedha Zakariya of Alivaage/Baa atoll Eydhafushi, had lodged three lawsuits against Thasmeen seeking compensation totaling more that Rf5.4 million (US$420,000) in a dispute over Kabaalifaru island in Kaaf Atoll.

According to Haveeru, the three women alleged the island was sold to Thasmeen under an agreement between him and Ali Shareef of Machangoalhi Anaavilla, who won the bid through Victorious Travel and Tours.

The travel agency demanded Shareef pay the amount received from the sale of the resort to the company, however in 2007 the company resolved to bill Thasmeen, Haveeru noted.

Thasmeen’s lawyer Ahmed Faiz told the newspaper that his client denied the charges and no agreement was made with the women.

‘’The articles on several media outlets lack information,’’ said Nihan. ‘’It does not mention the percentage of share those persons owned, and it’s very confusing.’’

Newspaper Miadhu reported that the plaintiffs owned 25 percent of the company.

Nihan said that although the matter was being touted as front page news, “the story is not really that sensitive an issue.”

Thasmeen said that as the case was now logged in court, he would not comment without the advice of his lawyers.

‘’My lawyers will issue a statement regarding the issue,’’ he added.

This is not the first time Thasmeen has been been taken to the civil court for unpaid debts.

On January 31 this year, People’s Alliance (PA) leader Abdulla Yameen filed a court case against Thasmeen for debts of US$100,000, two days after Thasmeen was elected uncontested to leadership of the DRP.

At the time the DRP quashed speculation that the DRP-PA coalition was under strain, however Yameen spoke to newspaper Miadhu claiming the elections process within the DRP was “not free and fair”, and that it was undemocratic that the party’s leader should be automatically selected without an election. Miadhu noted that Yameen’s own party had elected him as leader uncontested.

Furthermore, in a Bank of Maldives audit report released in January 2009, revealed that 60 percent of the US$633 million worth of loans issued in 2008 were granted to 12 parties.

According to the report, US$45 million was granted to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products, which comprised 13 per cent of the total loan amount in 2008.

The report noted that Fonaddhoo was owned by Thasmeen, while the owners of Sultans of the Seas were “closely associated” with the DRP leader.

Former Auditor General Ibrahim Naeem, who was recently dismissed in a no-confidence motion by the DRP-majority parliament, claimed at the time that defaults on bank loans issued to influential political players “could jeopardise the entire financial system of the country.”

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MBC to take MNBC issue to court

The Maldives Broadcasting Corporation (MBC), established under a law enacted by parliament, has said it will take the government-created state media body Maldives National Broadcasting Corporation (MNBC) to court, in a dispute over which organisation would take control of the state media’s assets.

Daily newspaper Haveeru reported that the MBC will request in the Civil Court that the MNBC transfer all the assets, money and staff of MNBC to MBC.

Political Adviser for the President, Hassan Afeef, recently stated that the MNBC would not be dissolved even though parliament had established the MBC.

Afeef claimed that the two channels of the state media, Voice of Maldives and Television Maldives, were assets of MNBC and no asset of a company shall be transferred to another company without the consent of the owners, and that therefore the two channels could not be given to MBC.

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Yameen’s ‘protective custody’ was unconstitutional, rules Civil Court

The Civil Court of the Maldives has ruled that the government’s detention of Abdulla Yameen, People’s Alliance (PA) and half-brother of former President Gayoom, was unconstitutional.

The PA is a minor opposition party which in coalition with the major Dhivehi Rayyithunge Party (DRP) has a parliamentary majority. The government has accused Yameen of bribery and treason, however following his arrest in June the Supreme Court refused to extend the period of his detention.

The Maldives National Defence Force (MNDF) held Yameen in isolation on the presidential retreat of ‘Aarah’ for nine days, releasing him on July 23. The government and the MNDF claimed Yameen’s detention was “for his own protection” after several groups of protesters clashed with police outside the MP’s house.

In July the MNDF took Yameen into protective custody after a group of Maldivian Democratic Party (MDP) supporters gathered near his house and threw stones and water bottles.

MNDF claimed that Yameen was kept in isolation for his own safety and that he requested MNDF provide him security. However Yameen claimed he was taken by MNDF against his will.

In his verdict, Sameer noted that MNDF did not had the power to detain Yameen in Aarah for his protection under the MNDF law, article number 105 [b] and 243 of the constitution.

Chief Judge of the Civil Court Ali Sameer further ruled that the MNDF did not have the authority to restrict Yameen’s rights and freedoms, as guaranteed under the constitution.

Sameer declared that MNDF violated articles 41, 19, 21, 26, 30, 37, 45 and 46 of the constitution.

Any freedom and right guaranteed by the constitution could only be restricted according to a law enacted under article 16 of the constitution, or following the declaration of a state of emergency, Sameer said.

He added that it was a responsibility of all state institutions to uphold freedoms and rights mentioned in the constitution.

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Civil Court orders the immediate release of Supreme Court’s key

The Civil Court of the Maldives has today ordered Ministry of Defense and National Security to release the Supreme Court’s key immediately, and allow the reinstatement of the interim Supreme Court.

The case was presented by the Prosecutor General to the Civil Court this morning. The first hearing was conducted almost immediately and the verdict was delivered this afternoon.

‘’We declare in the absence of state Attorney General’s office, to the Ministry of Defense and National Security and to all concerned authorities of the state, the key of Supreme Court should be issued to the Supreme Court at any time Supreme Court wishes immediately,’’ said Chief Judge Ali Sameer, delivering the verdict.

Citing articles 284 and 141 of the constitution, Judge Sameer declared “that no person shall hold the key of the Supreme Court without the consent of the court.’’

Judge Sameer said the PG’s office had the authority to present the case when the work of the Supreme Court was obstructed, or if the Supreme Court came to a halt by any cause, because it potentially obstructed the PG from fulfilling his responsibilities.

The judge also noted that the court order to summon the Attorney General was delivered and that the AG office failed to send representation to the court, and did not inform why.

State Defense Minister Muiz Adnan said he had not seen the verdict and would not comment until  he had read it.

When questioned according to the last declaration how long the key will be held by the military, he said  he had no information regarding the issue.

Major Abdul Raheem, also a spokesperson of Maldives National Defense Force, said the keys of all the state institutions were kept with the MNDF and issued according to a procedure established by the defence ministry.

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Respect the dignity of the courts, urges Civil Court

The Civil Court of the Maldives yesterday issued a statement calling on the country to refrain from any acts that would smear the respect and dignity of the court, and lead to a loss of public confidence in the judicial system.

The Civil Court’s statement followed a court hearing conducted in the Criminal Justice Court regarding the arrest and detention of People’s Alliance party (PA) Deputy Leader and MP Ahmed Nazim, and ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa, after the pair were summoned to court on charges of bribing a Civil Court judge and MPs.

Police lawyers in the Crminal Justice Court claimed that both the MPs colluded to bribe a Civil Court judge with US$6000 and a two way air ticket for a trip abroad, and had influenced cases in the Civil Court filed against them.

“After a case is investigated, the deserved sentence shall be passed on judges of this court just like any other citizen, without exemption,” said the statement. “Disclosing information of a case to the media before the investigation is concluded would create doubt and be an irresponsible act.”

The court said that publicising information about a case relating to a judge before it was proven in court, whether it was leaked through an individual, could potentially be considered an attempt to destroy public confidence in the judiciary.

“A large number of cases related to civil rights and various interests are presented to the Civil Court,” the statement said. “Cases that Civil Court judges work on are those related to individuals and cases related to national interest.”

MPs Nazim and MP Musthafa were released by the Criminal Court despite a police requesting and extension of their custody while the investigation was conducted. Police did not mention the name of the Civil Court judge whom they alleged had been bribed.

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Attorney General appeals to High Court over civil servants’ salaries

The Attorney General sent an appeal to the High Court last Thursday on behalf of the Ministry of Finance, regarding last week’s decision in favour of the Civil Service Commission (CSC) concerning civil servant salaries.

Last Tuesday the Civil Court ruled in favour of the CSC in their suit against the Ministry of Finance regarding civil servants’ salaries, which were reduced in October last year. Although the court ruled in favour of the CSC, they did not specify whether the ministry had to restore civil servant salaries.

Speaking to Minivan News last week, member of the CSC Mohamed Fahmy Hassan said he was “confident the Finance ministry will give the salaries as we requested,” after which members of the CSC and the ministry met last Thursday to discuss the issue.

Today Fahmy said they were “very surprised” when they received instruction from the High Court “not to take any action [regarding the salaries] until they have made a decision.”

He said last week, the Finance Ministry “were very positive and we did not think they had any intention to appeal.”

Fahmy said the issue of salary restoration will again be put on hold until the High Court makes its decision. “I don’t know how long this is going to take,” he said. “It depends on whether any party appeals to the Supreme Court.”

He noted the CSC was not planning on appealing the case yet, but it was a possibility which would be looked at depending on how the AG’s appeal process was going.

“This is a very clear case,” Fahmy said, “civil servants cannot be singled out. There are many other staff paid by the government.”

Fahmy noted the CSC would continue with this case “until it is resolved or a decision is made by the highest authority.”

He added the continued reduction of civil servants’ salaries was “against the Constitution.”

Attorney General Husnu Suood said his office was “speaking against points of law involved in the judgement.” Basically, “we are not happy with the interpretation [of the law]” made by the Civil Court last week, he said.

“The interpretation of the law is not correct,” he stated.

Suood said his office along with the Ministry of Finance and the CSC were having “discussions as to how we should proceed with judgement passed by the Civil Court.”

He said although it was “too early to say” whether civil servants would have their salaries restored soon, he was “very hopeful that it will be settled outside of court.”

Suood reiterated the point that they wanted to settle the matter outside of the court system, and this appeal was only meant to speak against the Civil Court’s ruling.

Press Secretary for the President’s Office Mohamed Zuhair said “in this kind of scenario when they can’t agree,” the appeal is meant to give the Ministry of Finance more time to resolve the issue with the CSC out of court.

He noted Parliament still has not yet passed any of the bills which would provide the government enough revenue to surpass the needed Rf7 billion to restore civil servants’ salaries.

“We will not reach it this year,” Zuhair said, “no bills have been discussed in the house.”

He added the CSC “has no right to demand higher pay” when the government’s revenue is still not beyond the stipulated Rf7 billion.

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Civil Court rules in favour of CSC regarding salary cuts

The Civil Court has ruled in favour of the Civil Service Commission (CSC) yesterday on their case against the Ministry of Finance regarding civil servants’ salary cuts, but did not rule on whether the salaries have to be restored.

Civil servants’ salaries were officially reduced in October 2009 with salary cuts of up to 20 percent. This measure was taken when the government’s budget deficit forced several independent commissions and government offices to reduce salaries in order to alleviate expenditure.

The government had promised to restore salaries once the budget rose above Rf7 billion (US$544 million). The cut was expected to last only three months.

In December 2009 the CSC requested the government restore salaries as the proposed mid-term 2010 budget was anticipated to exceed Rf7 billion. But disputes over whether the budget included foreign aid or not complicated the issue further, as the Finance Ministry said, excluding foreign aid the budget was Rf6.8 billion.

After months of incertitude and awaiting a decision, the court ruled “the Finance Ministry does not have the legal authority to order amendments to salaries”, according to Press Secretary for the President’s Office, Mohamed Zuhair.

Zuhair said President Mohamed Nasheed had not yet said anything on the ruling, or whether the government would appeal the decision, but noted it was a possibility an appeal would be made on the ruling.

Member of the CSC Mohamed Fahmy Hassan said the court’s decision showed “the independence of the judiciary and non-interference [of the government] in affairs of the judiciary.”

He said the CSC is hopeful “the issue will be solved” and they are “confident the Finance Ministry will give the salaries as we requested.”

Fahmy said they hoped their salaries will be restored soon, and added they will be “flexible” when negotiating the back-log of payments. He estimates the total amount of money ‘owed’ to civil servants since the pay cuts started in October 2009 is approximately Rf120 million.

“We have always had the national interest as our concern,” he said, “and we will try to come to an amicable solution.”

He noted “preliminary discussions [with the ministry] went very positively,” and said “final decisions will be announced soon.”

Fahmy said the CSC took the court’s decision as an order for civil servant salaries to be restored. “We don’t see any other interpretation.”

He added “the government is very keen to resolve this issue to the satisfaction of everybody involved,” and noted the issue would probably be solved once President Mohamed Nasheed returns to the country after his visit to Bhutan.

Deputy Minister of Finance Ahmed Assad said his reading of the court’s ruling is that “it’s the CSC’s decision” on whether they want to have their salaries restored.

“Regarding the judgement, there are no negotiations,” he said, adding the ministry is “still talking” to the CSC about the issue.

“We’ve said this before,” Assad said, “it’s not because we want to [cut their pay] but because we don’t have a choice.”

He said as far as the economy is concerned, “we don’t see any economic event that has changed [the situation].”

Assad said “we want to give it some time” and they are now waiting for the CSC to make their decision.

History

After salaries were initially reduced in October 2009, the CSC and Finance Ministry have been disputing the legality and rationality of the pay cuts. The Maldives is still among the countries with the largest civil service as a percentage of its population. In 2008, civil service salaries amounted to 34 percent of total government expenditure.

Spokesperson for the Civil Servants’ Association, Abdulla Mohamed, told Minivan News in December last year, “we believe this damage was done to civil servants as a punishment and if there really were special economic circumstances, members of parliament and independent institutions too should have taken a pay cut.”

Pay cuts for independent institutions came into effect in December and several MPs volunteered for a pay cut.

On 30 December, the CSC issued an announcement stating civil servants’ salaries and allowances had been restored, as the 2010 budget was expected to exceed Rf7 billion.

But by mid-January 2010, the issue was still unresolved and salaries had not been restored.

At the time, the Ministry of Finance stated “employees will receive the salary that was reduced due to the economic circumstances,” and disputed the CSC’s statement claiming they had not discussed it with the ministry before publicising the announcement.

In January, the Ministry of Finance asked Parliament and the Maldives Monetary Authority (MMA) to arbitrate the dispute between them and the CSC.

Fahmy told Minivan News at the time that they would put the country’s interests above the interests of civil servants, but added, “it is difficult to justify that to 29,000 civil servants if the government is spending on all the other items in the budget.”

Shortly after Parliament and the MMA were asked to intervene, the CSC warned to take legal action against the ministry. The ministry threatened to also take legal action against the CSC.

By the end of January, the government announced salaries of staff at independent commissions, courts, parliament and the judicial services had been restored, and civil servant salaries would follow in April.

On 3 February 2010, the CSC announced they would take the issue to court and “claim for the amount reduced from the salaries of civil servants.”

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Civil Court fines supermarket Rf1 for overcharging customer

The Civil Court has ordered the Mahchangolhi branch of prominent Male’ supermarket Agora to pay Rf1 (US7 cents), after a distgruntled customer filed a lawsuit against the economic ministry and Agora’s owners, the Bright Brothers company.

Hassan Suwad of Sulha in Henveiru sued the shop for selling him a bottle of ‘Biore’ facial foam for Rf1 more than the purchase price mentioned on the product.

Civil Court Judge Hathif Hilmy ruled that Agora pay Rf1 to the Civil Court within five days, so it could be returned to the customer.

Furthermore, Judge Hathif said that according to the witnesses it was proved that Agora had tried to return the Rf1 to Suwad when he purchased the product.

Judge Hathif said that without presenting the economic ministry in court, the Civil Court cannot order on them in their absence.

Agora and Bright Brothers did not respond to Minivan News at time of press.

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Haama editor fined Rf5000 for defaming Yameen

Editor of Haama News Saif Azhar was fined by civil court last Thursday for defaming the character of People’s Alliance (PA) leader Abdulla Yameen.

Civil Court Judge Maryam Nihayath ruled that an article published in June last year claiming that Yameen had US$32 million in his HSBC bank account was defamatory.

Saif was fined Rf5000 (US$385), currently the maximum penalty for defamation in the Maldives. Yameen also has lawsuits pending against Ibrahim Waheed, the journalist who wrote the article, the editor of Jazeera Daily Fayyaz Faisal, the owner of Haama Daily (Axis Maldives) and Ahmed Muhsin, the assistant editor of TVM.

Yameen had sought Rf2,570,000 million (US$192,000) for psychological damages and Rf21,775,305 (US$1.67 million) for material damages, claims which were dismissed by the judge.

Azhar said he was not in town when the article was published and had no knowledge of it, claiming that his journalist Ibrahim Waheed had written the piece.

”In the article we mentioned that the source [of the information] was online news website Manadhoolive,” he said, ”but the judge decided that we had not referred to any source.”

He said the same article published in Haama News was also published in the newspaper Haveeru.

President of the Maldives Journalism Association (MJA) Ahmed ‘Hiriga’ Zahir said the association did not support journalists defaming people’s character.

”We do not support journalists writing stories without any evidence or proof,” he said. ”It’s a practice everywhere to fine journalists.”

Secretary General of the PA Ahmed Shareef said the outcome of the case showed that the country was strengthening its judicial service.

”Journalists have to be more responsible and careful when publishing articles,” he said.

Yameen failed to response Minivan News at time of press.

The former editor of weekly magazine Sandhaanu was also recently ordered to pay Rf5000 (US$389) for defaming Mohamed Ghassan Maumoon, the former president’s son.

Ghassan took Abdulla ‘Fahala’ Saeed to the civil court seeking Rf3.375 million (US$262,600) over an article Fahala had written in the 118th edition of Sandhaanu magazine.

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