Tag: civil service commission

Disgraced CSC chief appointed Deputy High Commissioner to Malaysia

President Abdulla Yameen has appointed disgraced Civil Service Commission head Mohamed Fahmy Hassan as the Maldives’ deputy high commissioner to Malaysia.

Fahmy was dismissed from his post by parliament last year, after he was found to have sexually harassed a female staff member at the Commission.

However Fahmy’s dismissal was blocked as “unconstitutional” in a sudden injunction issued by the Supreme Court, preventing President Mohamed Waheed from appointing Fahmy’s replacement, Fathimath Reeni Abdu Sattar.

The stand-off led to both CSC heads arriving for work, and the CSC eventually blocking Fahmy from accessing its offices in September 2013. Minivan News was told by a CSC source at the time that Fahmy’s fingerprint access was rescinded after the former commissioner continued to come to the office for a few minutes every day.

The head of the CSC sits on the Judicial Services Commission (JSC), the judicial watchdog body mired in controversy and accused of wanton politicisation and gross misconduct, and thus has influence over the judiciary.

Fahmy was alleged to have called a female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News previously that the female staff member had made up the allegation after she learned she had not won a scholarship to Singapore offered by the CSC.

Likes(0)Dislikes(0)

Dr Latheef cannot be sworn in to JSC due to Supreme Court judgment: President’s Office

Cabinet Secretary Dr Abdulla Nazeer told parliament’s Government Oversight Committee on Thursday (October 24) that the President’s Office could not organise a swearing-in ceremony to formalise Civil Service Commission (CSC) Chair Dr Mohamed Latheef’s appointment to the Judicial Service Commission (JSC) due to a Supreme Court ruling declaring that parliament’s removal of former CSC Chair Mohamed Fahmy Hassan was unconstitutional.

Dr Latheef was appointed chair of the CSC by parliament in August with 60 votes in favour. While the chair of the CSC is also an ex-officio member of the JSC, Dr Latheef has yet to be formally appointed to the judicial watchdog body by the President’s Office.

Responding to queries regarding the delay from MPs on the oversight committee last week, President Dr Mohamed Waheed’s cabinet secretary said that the Attorney General had advised that Dr Latheef could not be sworn in to the JSC due to the Supreme Court judgment.

Dr Nazeer repeatedly insisted that a solution to the impasse must be found either by the People’s Majlis or the Supreme Court.

Asked who the current chair of the CSC was, Nazeer replied: “To tell you truth, I do not know. So someone should clear this up.”

While he was unaware which of the two received the salary and benefits of the CSC chair, Nazeer said the President’s Office does not state the name of the commission’s chair in official correspondence with the CSC.

In November last year parliament voted 38–32 in favour of removing Fahmy after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female CSC employee.

The Supreme Court however overruled parliament in March this year on the grounds that the committee allegedly violated due process and criminal justice procedures in its sexual harassment inquiry, and that Fahmy would receive two punishments for the same crime if he was convicted at court (double jeopardy).

Parliament had approved a replacement for Fahmy – Fathmath Renee Abdul Sattar – in August this year with 51 votes in favour and none against. However, shortly before a swearing-in ceremony at the President’s Office to present Renee her credentials, the Supreme Court issued an injunction to block her appointment.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

Former JSC member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

Likes(0)Dislikes(0)

Police and military officers reinstated based on precedents set in CSC Fahmy case

Civil Court Judge Maryam Nihayath yesterday (30 September) ordered the reinstatement of a police officer and a Maldives National Defence Force (MNDF) officer, previously dismissed on criminal charges.

The decision was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

Former Intelligence Chief Mohamed ‘MC’ Hameed has also been reinstated this week based on the Supreme Court ruling 2012/SC-C/35.

MC Hameed was dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Regardless of the ruling, subsequent disagreements between the court and the Majlis resulted in Fahmy’s replacement.

Judge Maryam Nihayath’s ruling stated that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The judge also stated that MNDF officer Ahmed Althaf was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one.

Nihayath’s ruling stated that the court had found he was dismissed without completing the criminal justice procedure, which the Supreme Court ruling had argued violated articles 42, 50 and 51 of the constitution.

Yesterday’s ruling stated that the legal precedent had determined that a person was dismissed from his job in a criminal offence without having completed the criminal justice procedure could not be charged with the same case offence in a court of law without constituting double jeopardy.

In a separate case yesterday, where a police officer was dismissed from his position on allegations that he stole MVR 241,215 (US$15,640) from a safe in the police tow yard, the same Supreme Court ruling was cited.

Judge Nihayath noted that the police officer was not dismissed after completing the criminal justice procedure, and that even if he were, the precedent set in the Fahmy case would still not allow him to be charged and sentenced by a court of law.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

In spite of this, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan – 51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

Likes(0)Dislikes(0)

New CSC head asks president to resolve issue with Mohamed Fahmy Hassan

The new chair appointed to the Civil Service Commission (CSC) Dr Mohamed Latheef has sent a letter to President Dr Mohamed Waheed asking him to find a solution to ongoing issues with previous commission chief Mohamed Fahmy Hassan.

Former CSC Chair Fahmy was dismissed by the parliament over allegations of sexual harassment against a female staff member.

In the letter, Dr Latheef stated that the issue of former CSC Chair Fahmy coming into work after his dismissal by the parliament was still unresolved and that it was an obstruction to the running of the institution.

Latheef told the president that this issue affected both the civil servants themselves and the services being provided to the public.

He referred to constitution Article 196(c) 116, stating that it was the responsibility of the president to solve the issues within government institutions and to uphold the constitution and laws.

Article 196(c) states that “the principles of governance of the state being determined by this constitution, the president shall uphold, defend and respect the constitution, and shall promote the unity of the state.’’

Parliament Yesterday (21 August) sent a letter to President Waheed informing him of the decision made to appoint Dr Mohamed Latheef as the new chair of the CSC.

On August 13, the parliament appointed a new member to the CSC to replace Fahmy, who was dismissed in November 2012 over allegations that he sexually harassed a female member of staff.

51 out of 54 MPs present in the parliament at the time voted in favor of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year, parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment against him lodged by a female CSC employee.

On 14 March 2013, the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

Former Judicial Services Commission (JSC) member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

During a visit to Fuvahmulah this week, President Waheed expressed his disappointment with the court’s dispute, whilst maintaining that his hands were constitutionally tied.

“All institutions are independent. Although the head of state is the president, there are no arrangements in place for him to take action against other institutions. There is not much authority. The president has quite ceremonial powers,” he is reported to have said.

Likes(0)Dislikes(0)

Dr Mohamed Latheef appointed CSC Chair

Parliament has appointed Civil Service Commission (CSC) member and former chair Dr Mohamed Latheef as the new chair of the commission.

According to media reports, of the 75 MPs present, 60 voted in favour of appointing Latheef as chair of the commission. The remaining 15 MPs abstained from voting.

The parliament this morning discussed the two names proposed to the parliament by the majority and minority parties for the position of CSC Chair.

According to local newspapers, majority party, the Maldivian Democratic Party (MDP) proposed current member of the CSC Dr Mohamed Latheef –  the former chair of the commission – and the minority Progressive Party of Maldives (PPM) proposed Ahmed Hassan Didi to be appointed as chair.

Today’s parliament session was chaired by Speaker of the Majlis Abdulla Shahid.

On August 13, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan, who was dismissed in November 2012 over allegations that he sexually harassed a female member of staff.

51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar as Fahmy’s replacement, while the remaining three MPs abstained.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge. Former Judicial Services Commission (JSC) member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

The President of Anti-Corruption Commssion (ACC) Hassan Luthfy yesterday (19 August) told local media that the case had now been filed at the commission as its members found that it could be a case of Supreme Court Justices working for the benefit of an individual.

Hassan Luthfy noted that Supreme Court Justice Ali Hameed was on the bench that issued the injunction, and that Hameed had an ongoing case – regarding a leaked sex tape – in the JSC, of which the dismissed chair of CSC Fahmy is a member.

Correction: An earlier version of this article named Dr Ibrahim Luthfy as the new CSC chair. This had been corrected to Dr Mohamed Latheef.

Likes(0)Dislikes(0)

Chief Justice pleads ignorance over Supreme Court’s injunction blocking CSC appointment

The Chief Justice of the Maldives Supreme Court has accused his court of issuing an injunction without his knowledge, following parliament’s appointment of a replacement for Civil Service Commission (CSC) chief Mohamed Fahmy Hassan.

Chief Justice Ahmed Faiz Hussain told local media that the decision to block the swearing in of Fahmy’s replacement was made without the knowledge of three of the court’s seven judges. Such a move would contravene the country’s constitution which mandates an uneven number of judges be present for all Supreme Court decisions.

The Supreme Court told local media yesterday that their earlier invalidation of the Majlis’s decision to dismiss Fahmy rendered the decision to replace him redundant. The statement alleged that Faiz had rejected a request to attend an emergency meeting to address the issue.

Aishath Velazinee, former member of the Judicial Services Commission (JSC) on which the chair of the CSC automatically serves, has described the incident as a “mutiny in the Supreme Court.”

Fahmy’s replacement Fathimath Reenee Abdulsathar was reportedly on the verge of taking the oath of office in the President’s Office on Thursday when the ceremony was halted with news of the injunction.

The People’s Majlis had earlier in the week voted overwhelmingly to replace former CSC head Fahmy after allegations of sexual harassment. The Supreme Court had previously ruled parliament’s decision to dismiss Fahmy as unconstitutional.

The Majlis Independent Institutions Committee launched an investigation into Fahmy’s alleged misconduct in June 2012. Velazinee argued that the Majlis does have the authority to appoint and dismiss CSC members after an amendment made to the CSC Act in 2010.

The Supreme Court told local media yesterday that their earlier invalidation of the Majlis’s decision to dismiss Fahmy rendered the decision to replace him redundant.

Velazinee compared the incident to the manoeuvres of the High Court bench in 2010, which she described as “the first of many mutinies that had eventually led to the coup of February 7, 2012.”

She notes that it was the same judges involved in circumscribing the powers of the JSC for political ends in 2010 who were behind this new “mutiny”. A full account of the events surrounding the self-appointment of the Supreme Court at the end of the constitutional transitional period were documented in Velazinee’s 2012 book ‘The Failed Silent Coup: In Defeat, They Reached for the Gun’.

In her assessment of judicial independence in the Maldives earlier this year, UN Special Rapporteur for the Independence of Judges and Lawyers Gabriela Knaul described this decision to retain all five interim Supreme Court judges as having “no legal or constitutional basis.”

The JSC eventually opted to interpret Article 285 of the country’s new constitution as purely symbolic, waiving the need to remove any sitting judges who failed to meet clearly defined educational and ethical standards.

Former President Mohamed Nasheed’s resignation from office followed his detention of Chief Criminal Court Judge Abdulla Mohamed. Nasheed’s decision to detain the judge came after he filed a successful injunction in the Civil Court preventing his further investigation by the court’s own watchdog body, the JSC.

Likes(0)Dislikes(0)

Supreme Court issues injunction blocking appointment of new CSC head

The Supreme Court has issued an injunction to halt parliament’s appointment of a replacement president for the Civil Service Commission (CSC), after parliament voted to appoint Fathimath Reenee Abdulsathar of Maafannu Unimaage to the commission.

Renee had been due to replace CSC Head Fahmy Hassan, after the Majlis’s decision to dismiss the CSC chair last year over allegations of sexual abuse. His termination was likewise blocked by a Supreme Court injunction.

The latest injunction came just as Reenee was due to take the oath in the President’s Office and receive her credentials from President Dr Mohamed Waheed this afternoon. A special ceremony to present credentials and take the oath of office had been scheduled at the President’s Office at 2:30pm, local media reported.

According to newspaper Haveeru, the Supreme Court’s injunction stated that the court’s majority had determined that appointing a new member to the commission when the Supreme Court had already decided that the dismissal was in violation of the constitution, was itself unconstitutional.

Local media reports said Attorney General Azima Shukoor had in her legal advice to the president in the matter stated that the president did not have any responsibility for determining members to the CSC, and that the only responsibility for the president was to appoint or dismiss appointees as determined by parliament.

On 13 August, 51 out of 54 MPs present in the parliament voted in favor of appointing Reenee as Fahmy’s replacement, while the remaining three abstained.

In November last year parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

Local newspaper Haveeru reported that the alleged sexual harassment incident occurred on 29 May 2012, and that the victim was a female senior research officer.

On June 17, Parliament’s Independent Institutions Committee launched an investigation into the alleged harassment.

Fahmy was alleged to have called a female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

Likes(0)Dislikes(0)

Parliament appoints new CSC member to replace Fahmy Hassan

The parliament has appointed a new member to the Civil Service Commission (CSC) to replace Fahmy Hassan, who was dismissed in November 2012 over allegations that he sexually harassed a female staff at the commission.

Fahmy however continues to serve as chair of the commission after his dismissal was invalidated by the Supreme Court.

The parliament secretariat today issued a statement confirming that Fathimath Reenee Abdulsathar of Maafannu Unimaage had been appointed as the new member of the CSC.

According to the statement, 51 out of 54 MPs present in the parliament voted in favor of appointing Reenee as Fahmy’s replacement, while the remaining three abstained.

The parliament secretariat said the Independent Commissions Committee had researched those who applied for the position and submitted it to the parliament floor on August 5, 2013.

Local media reports suggested no candidate was able to meet 75 percent of the Independent Commissions Committee’s interview criteria, so the committee forwarded the matter to the parliament chamber.

Minivan News contacted Fahmy today seeking comment regarding the appointment of his replacement, however he stated that he did not want to say anything to the media at the moment.

In November last year parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

Local newspaper Haveeru reported that the alleged sexual harassment incident occurred on 29 May 2012, and that the victim was a female senior research officer.

On June 17, Parliament’s Independent Institutions Committee launched an investigation into the alleged harassment.

Fahmy was alleged to have called a female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News previously that the female staff member had made up the allegation after she learned she had not won a scholarship to Singapore offered by the CSC.

Likes(0)Dislikes(0)

CSC Chair Fahmy will not resign from post “out of fear”

Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan has said he will only resign from his post when the time is right and not as a result of intimidation or fear, dismissing a parliamentary no-confidence vote passed against him last year.

Speaking in local media this week, the CSC chair contended that he remained in his post legally with the backing of President Dr Mohamed Waheed.

Parliament voted to dismiss Fahmy from his CSC post in November 2012 in a no-confidence vote following an inquiry by the Independent Institutions Committee into allegations he sexually harassed a CSC employee.

Both Fahmy and the alleged victim were summoned to the committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, before asking her to take his hand and stand in front of him so that others in the office could not see, and caressed her stomach. He was than accused of saying, “It won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

However, in March this year, the Supreme Court ruled that parliament’s decision to remove him from the CSC was unconstitutional.

The Supreme Court declared by a 6-1 majority that Fahmy would receive two punishments for the same crime if he was convicted in court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

In an interview to local media outlet Channel News Maldives (CNM) today, Fahmy referred to the Supreme Court decision that overruled his parliamentary impeachment, saying it was everyone’s responsibility to uphold Court rulings.

“Everyone will have to uphold the rule of law and the decisions made by the courts of law. Whether it is the president or me or anybody, it has to be that way,” he was quoted as saying.

Fahmy also said that President Dr Mohamed Waheed Hassan himself has shown his support for him remaining as the CSC Chair by asking him to make a decision on his own capacity.

Fahmy had previously stated that he would only make a decision on whether to continue being part of CSC after President Waheed made a decision on the issue, noting that it was the president who had given him the letter of appointment.

President Waheed speaking on the issue to local media previously said it was “very complicated” for him to make a decision about Fahmy and suggested that it “would be best” for Fahmy to decide on his own.

Waheed said that two state powers, the legislature and the judiciary were in dispute over the matter and at such a complicated time, “Even individuals must help in resolving conflicts peacefully”.

“Always doing something that puts the President or the government in a trap is not a very good thing. I think the best thing to do at this time is let Fahmy take the initiative and decide on the matter. That is my position,” he said.

However, both former Attorney General Azima Shukoor and her successor Aishath Bisham have told media that President Waheed was advised against reinstating Fahmy in the post.

Both attorneys general argued that despite the Supreme Court ruling that Fahmy’s removal by parliament was unconstitutional, the apex court had not ordered his reinstatement.

Speaker’s warnings

Meanwhile, Speaker of Parliament Abdulla Shahid sent out a strong warning to Chair of Judicial Service Commission (JSC) Adam Mohamed informing the Supreme Court Justice that he would boycott the commission’s meetings should Fahmy continue to attend meetings of the judicial oversight commission.

Shahid’s warning came shortly after Attorney General Aishath Bisham conceded during a meeting with Parliament’s Executive Oversight Committee (EOC) that any JSC meetings with Fahmy present would not be legally valid.

In response to a question by the committee chair, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated.

In a letter sent at the time, Speaker of Parliament Shahid – who is an ex-officio member of JSC – stressed that even though the chair of CSC is also by virtue of his position a member of JSC, Fahmy cannot sit on commission because he had been dismissed from his position by parliament.

He added the parliament had informed President Waheed about its decision.

“In that letter, when the parliament came to the decision [to remove Fahmy], then-Attorney General Aishath Azima Shukoor and current Attorney General Aishath Bisham stated that Mohamed Fahmy Hassan could not sit in JSC as the President of CSC as that position had become vacant with the parliament’s decision.”

“The Attorney General Aishath Bisham had also said that JSC meetings attended by Fahmy cannot be deemed legal, during the 46th committee meeting of parliament’s executive oversight committee on June 4, 2013,” Shahid wrote.

Therefore, Shahid said he would not take part in any meetings attended by Fahmy.

The parliament has meanwhile invited interested candidates to apply for the “vacant” position of CSC President.

President Waheed however maintained that, prior to any appointments to the commission, the parliament should discuss the matter with the Supreme Court to avoid any further conflict.

Fahmy was not responding to calls from Minivan News at time of press.

Likes(0)Dislikes(0)