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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.

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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.”

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JSC meetings with Fahmy in attendance “not valid,” concedes Attorney General

Attorney General Aishath Bisham told parliament’s Government Oversight Committee yesterday (June 4) that official meetings of a state institution would not be valid if a member with disputed legal status was in attendance.

In response to a question by MP Ali Waheed, the committee’s chair, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

“My stand on this has not changed at all,” she said.

While Fahmy returned to work following the Supreme Court judgment, both Bisham and her predecessor Aishath Azima Shukoor had contended that he could not remain in the post.

Despite the previous Attorney General informing Fahmy of her legal opinion, the CSC later revealed that Fahmy resumed work after a letter from the President’s Office authorised him to do so.

Fahmy also began participating in meetings of the Judicial Service Commission (JSC) as an ex-officio member in his capacity as CSC chair.

Bisham told the oversight committee last night that she had shared her concerns with the JSC but refused to answer further questions on the issue.

Fahmy was in attendance at a JSC meeting on May 29 where a petition by Bisham to indefinitely suspend High Court Chief Judge Ahmed Shareef was voted through with three votes in favour and one against. Fahmy reportedly abstained in the vote.

Local media meanwhile reported yesterday that the JSC nominated Fahmy to represent the commission on the 13-member Zakat Committee, which was set up to oversee the Zakat trust fund.

At last night’s committee meeting, MP Ali Waheed asked Bisham whether a meeting of any state institution or independent commission with the participation of a member whose legal status was disputed could be valid.

“It would not [be valid],” she replied.

Following her concession, the Maldivian Democratic Party (MDP) MP for Thohdhoo in Alif Alif atoll thanked the Attorney General and immediately adjourned the committee meeting.

Supreme Court ruling

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the victim were summoned to 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, 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.”

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

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at 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.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

In his dissenting opinion, Justice Muthasim Adnan – the only Supreme Court justice with a background in common law – however noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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MDP withdraws no-confidence motions against ministers

The opposition Maldivian Democratic Party (MDP) has withdrawn no-confidence motions in parliament against Home Minister Dr Mohamed Jameel Ahmed and Defence Minister Colonel (Retired) Mohamed Nazim as well as a motion to remove MP Gasim Ibrahim from the Judicial Service Commission (JSC).

The parliament secretariat released a statement yesterday (April 14) confirming the move, explaining that MPs had the discretion under parliamentary rules to remove no-confidence motions before they are put to a vote.

Speaking to press before departing for Denmark last night, former President Mohamed Nasheed said the MDP parliamentary group made the decision in the interest of averting political turmoil and ensuring calm and order in parliament ahead of the presidential election on September 7.

The MDP presidential candidate added that the party would “always consider public interest”.

MP Ibrahim Mohamed Solih, parliamentary group leader of MDP, told local media that the decision was made to avoid strife caused by the dispute among MPs over secret voting.

Voting on the no-confidence motions tabled for the parliament sitting on April 8 was postponed after MDP MPs insisted on conducting voting through secret ballot.

With 29 MPs out of the 77 in parliament, the formerly ruling MDP needed the support of at least 10 MPs to pass the no-confidence motions.

At last week’s sitting, MDP MPs claimed that the government-aligned Dhivehi Rayyithunge Party (DRP) agreed to vote in favour of the motions before reversing the decision at the eleventh hour.

MPs of the government-aligned Jumhooree Party (JP) and DRP had voted in favour of secret ballot for no-confidence votes in December 2012.

However, on March 16, the Supreme Court struck down as unconstitutional the amendment to parliamentary rules stipulating that no-confidence motions must be conducted through secret ballot.

In its judgment (Dhivehi) on the constitutionality of secret ballots for no-confidence votes, the Supreme Court majority opinion contended that the rule contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

The Supreme Court also ruled in March that parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan was unconstitutional.

Both rulings were criticised at the time by opposition, government-aligned and independent MPs as an unconstitutional “challenge to the separation of powers.”

On March 19, parliament’s Independent Institutions Committee voted to seek a replacement for Fahmy at the CSC despite the Supreme Court judgment reversing his dismissal.

“The committee decided today that he [Fahmy] should go and we should continue looking for another person. Effectively we are ignoring the Supreme Court’s decision. The MDP will continue to raise this issue in parliament, it is a policy and it is legally non-negotiable. We cannot compromise on that,” MDP MP Hamid Abdul Gafoor told Minivan News at the time.

The committee’s decision has since been approved at the parliament floor, passing with 42 votes in favour during last Wednesday’s (April 10) sitting.

Supremacy

On the following day, the Supreme Court released a press statement declaring that judgments, orders and rulings of the apex court with their attendent legal ramifications must be accepted “without further debate or interpretation.”

The Supreme Court called on all persons and institutions subject to the Maldivian constitution to comply with and respect its decisions.

The statement referred to article 145(c) of the constitution, which states, “the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The press release also noted that article 141(b) establishes the Supreme Court as “the highest authority for the administration of justice in the Maldives.”

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Attorney General told CSC and President’s Office Fahmy’s position cannot be reinstated

Attorney General Azima Shukoor has told local media that she had previously informed the President’s Office and Civil Service Commission (CSC) that the commission’s president Fahmy Hassan should not be reinstated.

Fahmy was dismissed from the CSC by the Parliament, after a case was filed against him alleging that he had sexually abused a female staff working at the commission.

Parliament’s Independent Commission decided that there was enough evidence to believe that Fahmy was guilty of the allegations against him.

Azima Shukoor told local media that she had told the CSC and President’s Office that the Supreme Court’s ruling does not state that Fahmy’s position should be reinstated.

However the CSC has said that Fahmy returned to work after he received a letter from the President’s Office.

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Parliament votes out CSC President Fahmy over sexual harassment allegations

Parliament on Tuesday voted out President of the Civil Service Commission (CSC) Mohamed Fahmy on charges of sexual harassment against an employee.

The 70 members who partook in the vote were split 38 for removing Fahmy, 32 against and 2 abstentions.

The parliament debated on the report on the case submitted by the Committee on Independent Institutions prior to the vote.

Chair of the Committee, Independent MP Mohamed Nasheed, said that in addition Fahmy himself and the employee who had submitted the complaint Aminath Shahma, other members of the CSC and staff members had been questioned by the committee.

Nasheed said that other staff members, including Fahmy’s personal secretary, had made statements which backed Shahma’s allegations, while Fahmy’s defense had nothing to support it. He added that the committee had asked both Fahmy and Shahma if they were willing to repeat their statements under oath, to which Shahma had agreed while Fahmy refused to respond.

After much debate by MPs with opposing views on the parliament floor, Nasheed responded saying the the Committee on Independent Institutions had oversight mandate over the CSC, and that it did not need to conduct a criminal investigation to remove Fahmy from his post.

“What we applied are widely accepted civil standards. Based on our findings, 7 out of the 10 committee members decided that it was more likely that Fahmy had committed this act than that he did not. And that is enough to remove him from his post,” Nasheed said.

He added that this had no relation to Fahmy’s role in the Judicial Services Commission (JSC) – of which the CSC president is by default a member. He also clarified that unlike the claims of some MPs who had spoken in Fahmy’s defense, the Prosecutor General’s office had not sent the case back to the police but rather had asked for additional clarifications.

Workplace harassment: a common problem for women

Many MPs, including independent, Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) MPs, spoke in favour of removing Fahmy from his post.

DRP MP Rozaina Adam, MDP MPs Eva Abdulla and Mariya Ahmed Didi spoke of workplace harassment being a common issue faced by Maldivian women.

Although MP Visam Ali stated that the matter needed further investigation and submitted an amendment asking for parliament to postpone Fahmy’s dismissal until the authorities looked into the matter more deeply, Rozaina stated that the parliament was not mandated to run a criminal investigation and that it should remove Fahmy as he was believed to have committed an act unacceptable from a man in his position.

“Honour is not something we get just by addressing each other as ‘Honourable MP’, as stipulated by the regulations. We need to prove to our constituents that we work in their interest,” Eva Abdulla said.

“Even the former Auditor General was removed because this parliament through its findings believed him unfit for his post. It was not done after a police investigation.”

“In the JSC, Fahmy actually voted in a way that benefited [the MDP], by voting that the Hulhumale’ Magistrate Court is illegal. The MDP will work with principles and not a political mindset,” Ali Waheed said.

“Shahuma stood up and shared this issue with a lot of courage. We cannot turn our backs on this,” he went on, “And this HRCM report – They say they can neither prove whether he has or has not done anything. What have they found? What’s the point of releasing this one day before the vote?”

Removing Fahmy may lead to more allegations

Members of the Progressive Party of Maldives (PPM) mainly spoke in defense of Fahmy, alleging that this could “possibly be a politically-motivated allegation”.

Most of them stated that since a criminal investigation was involved it was better to let the police and courts come to a decision on the matter before the parliament voted on removing him.

PPM MP Shifaq Mufeed said, “Let’s not turn this parliament into an investigative body”, adding that the police were more qualified to run a professional investigation.

“We might be faced with an unrecoverable loss if we remove Fahmy, as he is a member of both the CSC and the JSC. If we remove Fahmy, there may come planned false allegations against other members of independent commission,” he said.

“To Shahuma, I have to say: ‘be patient, madam’. Let the police investigate. We are not going to incriminate Fahmy and take Shahuma’s side, nor are we going to incriminate Shahuma and take Fahmy’s side.”

Adhaalath party member and MP Ibrahim Muthalib also spoke against removing Fahmy in parliament today.

“If we are to make our women nude and exposed, and then send them out to mingle with men, then why speak of protecting them? Honourable Speaker, this cannot be done in this manner. If a man and a woman are in a room alone, Satan will be there as the third person and will encourage sinful activities,” Muthalib said.

“Their place is in their houses, to serve their husbands and look after children. If we give them the opportunity to go out and mingle then we can no longer talk about their dignity and protection. It is people who harass women who are now speaking in their defense here today,” he further added.

Cannot confirm whether or not the harassment happened: HRCM

Meanwhile on Monday, a day ahead of the vote against Fahmy in parliament, the Human Rights Commission of the Maldives (HRCM) released a report on the case.

HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee.

The report further said that although Fahmy had sent a text to Shahuma with an apology, it was unclear what the apology had been meant for.

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Independent Commission’s Committee sends CSC Chair’s harassment case to parliament to approve his dismissal

Parliament’s Independent Commission’s Committee has decided that the committee has enough evidence to find Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan guilty of harassing a female staff member working under the CSC, and has decided to send the issue to parliament sitting to approve Fahmy’s dismissal.

According to local media, the committee has now sent the report from the committee regarding the issue to the Speaker of Parliament.

The incident is said to have occurred on May 29. In June this year, Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the case was lodged at police as well, who were investigating the matter.

Both Fahmy and the victim were summoned to the parliament’s Independent Commission’s committee after the complaint was lodged.

Fahmy was alleged to have called the 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.”

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

He alleged the claim was politically motivated, as she would have otherwise filed the case with police and not parliament.

Earlier in July this year, the Independent Commission’s Committee gave Fahmy 14 days to resign after investigating the matter, however he then informed the committee that he would not resign.

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“Time for everyone to tighten their belts”: Finance Minister Jihad

Minister of Finance and Treasury Abdulla Jihad has said the state must brace to enact austerity measures in the long-term if authorities are to address the country’s fiscal deficit – with further budget cuts anticipated in all government departments over the next 12 months.

Jihad has told Minivan News that previous commitments by government institutions to cut their budgets by 15 percent would need to be followed by further reductions to state and civil service spending in next year’s budget, regardless of financial assistance secured from China and India.

The minister’s comments were made as Parliament’s Finance Committee – reconvening for the first time since July – agreed this week to provide an additional MVR 12 million (US$780,000) in budget to the Auditor General’s (AG’s) Office, according to local media.

Auditor General Niyaz Ibrahim said that under the existing state budget, an agreement was reached that an additional MVR 58.8 million (US$3.8 million) would be provided to the AG’s Office, though it was decided to request a smaller proportion of these funds, the Sun Online news service reported.

People’s Aliance (PA) party MP and Finance Committee Chair Ahmed Nazim was not responding to calls from Minivan News at the time of press.

However, Jihad claimed that the decision to provide the extended budget was a “concern” considering the state was not getting enough direct revenue at present to justify its spending.

“We need to be fair when it comes to the budget, everyone should have to follow the same rules,” he claimed. “Otherwise this would mean that I could only reduce the budget of the Finance Ministry in future. It is time that everyone should tighten their belts.”

According to Jihad, provisions for the extension of funds to the AG’s Office had been included in the state budget, but he claimed that the country needed to work together in reducing state spending where possible.

Regarding claims that further cuts to the state budget wuld be required during the next 12 months, Chairman of the Civil Service Commission (CSC) Mohamed Fahmy Hassan said that it had “managed” with the 15 percent cuts already made to its expenditure.

Fahmy added that as no request had so far been made by the government to reduce the size and budget of civil society organisations, it did not have concerns about potential job cuts.

“Our mandate is to provide human resources to the government. As long as there is no effect on the salaries or number of civil servants, we will not seek to intervene in the policy of government,” he said.

With state income lower and expenditure higher than predicted, this year’s budget deficit had been forecast to reach MVR9.1billion (US$590 million), equivalent to around 28 percent of nominal GDP.

Financial assistance

In the last few months, authorities in India and China had both pledged to provide financing to the Maldives. Finance Minister Jihad said that of these funds, US$25 million being provided by India would be put into “budget support” to try and address state spending. A large amount of the funding meanwhile from China, which would total US$500 million, was expected to be put towards development projects such as housing construction, the Finance Ministry added.

The Indian government had announced that it would be granting the Maldives an additional as part of the US$100 million standby credit facility agreed last year under the previous government.

China has also pledged funding to the government of President Dr Mohamed Waheed Hassan following an official state visit to the country.

The loans, equal to nearly one quarter of the Maldives’ GDP, are said to include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

Jihad has maintained that the state still needs to reassess where further spending cuts can be made going forward.

Just last month, the Finance Ministry forwarded proposals it claimed would cut MVR2.2billion (US$143million) form the national budget.

The austerity measures include raising Tourism Goods and Services Tax (TGST) to 15 percent, terminating electricity subsidies in Male’, increasing import duties on alcohol and imposing a 3 percent duty on oil, “reforming” the Aasandha health insurance scheme, and reducing the budget of every Ministry and independent institution by 15 percent – among other measures.

The original budget for 2012 envisioned that revenue would rise to MVR11.4billion (US$740million) with expenditure anticipated to be MVR14.5 billion (US$941million). This would have resulted in a budget deficit of around MVR3billion (US$194million), representing 10 percent of GDP.

However, several resort managers voiced concern at the time that the proposed revenue amendments would serve only to affect the financial viability of the country’s tourism industry, while providing little improvement in service or support in return.

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Majlis Committee asks CSC Chair to resign within 14 days for alleged sexual harassment

The Independent Institutions Oversight Committee of the People’s Majlis has asked Civil Service Commission (CSC) President Mohamed Fahmy Hassan to resign within 14 days for alleged sexual harassment, local media has reported.

The police and the Independent Institutions Oversight Committee launched an investigation into the sexual harassment allegations against Fahmy in June after a female senior research officer lodged complaints with the two institutions.

MPs, who wished to remain anonymous, told Haveeru and Sun Online that a majority of the eleven member Independent Institutions Oversight Committee found Fahmy guilty of sexual harassment after summoning and interviewing Fahmy, the victim and several female employees of the CSC.

A vote on a motion urging action against Fahmy was split when five members voted for and against the motion, local media has reported. Chair of the Independent Institutions Oversight Committee Mohamed Nasheed cast the deciding vote, passing the motion to order Fahmy’s resignation within 14 days.

A source, who had knowledge of the committee sitting, confirmed the local media reports to Minivan News, but declined to comment further.

Fahmy and several members of the Independent Institutions Oversight Committee were not responding to calls at the time of press.

Haveeru previously reported that the alleged harassment occurred on May 29. Both Fahmy and the victim were summoned to the committee after a complaint was lodged in the first week of June,the report claimed.

Fahmy was alleged to have called the 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.”

The alleged victim’s family reportedly called Fahmy about the incident, after which it is claimed he sent a text message apologising for the incident. Reports at the time alleged the read, “I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News last month that he believed the female staff member made up the complaint upon finding out she had not won a Singapore government offered scholarship to the CSC.

He alleged the claim was politically motivated, arguing the woman would have otherwise filed the case with the police instead of parliament.

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