Tag: election 2014

EC dismissals: Majlis says commissioners’ removal was unconstitutional

The People’s Majlis has written to the chief justice and the attorney general, stating that the president and vice president of the Election Commission (EC) were removed contrary to the constitutional procedures governing their appointment and dismissal.

The letter – signed by Speaker Abdulla Shahid and Deputy Speaker Ahmed Nazim – also noted that the move contravened the Elections Commission Act.

According to Majlis, the content of the letter was based on legal advice of parliament’s counsel general after her analysis of the Supreme Court’s verdict.

The Supreme Court yesterday sentenced EC President Fuwad Thowfeek to six months imprisonment under Article 88(a) of the penal code, and ordered the enforcement of the sentence be delayed for a period of three years.

The verdict also declared that Fuwad and Vice President Ahmed Fayaz had “lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant”.

The letter stated that it was the People’s Majlis which is tasked with the appointment and removal of EC members, and that for any given reason a member of that commission can only be removed by a simple majority of votes in a parliament sitting as “clearly stated” in Article 177 of the constitution and Article 14 of the Elections Commission Act.

“Referring to the said article of the constitution and the elections commission act, it is clear that the authority to appoint and remove member from that commission is especially reserved for the People’s Majlis without the involvement of any other party.”

The letter also said that the removal of the pair by the Supreme Court contravenes the procedures specified in Article 177 of the constitution and Articles 5, 10, and 14 of the EC Act.

The letter referred to a number of statements from the Supreme Court’s verdict nullifying parliament’s removal of Mohamed Fahmy Hassan from the Civil Service Commission (CSC) in March last year.

The Majlis today noted that the constitutional procedures for removing EC members and CSC members were the same, saying that the court’s previous ruling had said the following:

“It is clear from the letter of the constitution that the constitution does not allow any of the three powers of the state to carry out the constitutional jurisdiction or functions of another, and that it is clearly stated that the system of separation of powers, and check and balance established between three powers by constitution is an principal feature of the constitutional system and the constitution of the Maldives.”

Referring to the same verdict, the letter said that the court had stated that “all powers of the state should fulfil their jurisdictions and functions within the constitutional limits set for that power by the constitution”.

The same ruling also stated that constitutional procedures regarding independent institutions are there to ensure their independence. In this regard, the verdict noted that tasking the executive with appointment, the parliament with removal and accountability, and the chief justice with oath taking are also check and balance procedures established under the constitutional principle of separation of powers.

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MDP majority will reform Supreme Court and JSC, says Nasheed

President Mohamed Nasheed has said that Maldivian Democratic Party (MDP) will change the number of judges in the Supreme Court and strive to bring their thinking closer to that of the people, and closer to justice.

“We can never accept the level of political influence and the ugly money of corruption that has entered most courts of Maldives. We have to reform these courts. Development for the Maldives can only be achieved if the people Maldives are able to get justice and equality.”

Speaking at a parliamentary campaign rally in Thinadhoo, Gaafu Dhaalu atoll, Nasheed said that the judicial watchdog will also be reformed by amending the Judicial Services Commission Act.

He said that the MDP’s priority was judicial reform, and that nothing else could be carried out in the Maldives without such reform.

Nasheed said that society does not accept the offering and taking of bribes by judges or their meddling in political affairs.

“We cannot accept the judiciary’s meddling with the Elections Commission under the parliament’s guardianship. With a Maldivian Democratic Party majority in the 18th People’s Majlis, we will – God willing – reform the judiciary,” he said.

Decentralisation

Nasheed said the MDP was competing in the parliamentary elections with a promise of obtaining the ownership of local resources for locals.

“We have to empower the councils. As long that power is retrained, we won’t be able to achieve the development we want,” Nasheed said.

Stating the central government in Malé could  not achieve development without decentralisation and the empowerment of local councils, Nasheed said that islands are capable of carrying out their development activities by themselves.

“The wealth of our country is widespread and enormous. Our people have even today started accepting that this is not the rightful amount for the people. Our objective is to get for the people their rightful due,” said the former president.

Referring to the ‘southern rebellion’ of 1959, Nasheed said that it was the same rightful due that the people of Thinadhoo and Huvadhoo hoped and protested for in the past.

“Back then most of us saw the people’s protests as acts against the state. By any modern standard they were protests. Excessive force was used to disperse those protests and many people died.”

“We don’t want to see that, but people will stand up if they these powers are not given to them, and they will work to get their powers,” Nasheed said.

A key objective of the MDP in the parliament was to hold the government accountable as an opposition party, he added, reiterating that the MDP would encourage the fulfillment of government pledges in line with the party policies.

During campaigning for his Progressive Party of Maldives last week, President Abdulla Yameen told party supporters that an MDP majority would seek to oust his government from office.

Indeed, following the local council elections in January, Nasheed pledged that his party would take advantage of any legal means to remove Yameen after what it maintains was a fraudulent presidential election last year.

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