Tag: elections commission

Ali Fahmy Ahmed wins MDP Feydhoo by-election primary

Ali Fahmy Ahmed, of Aafahi in Feydhoo, has won the opposition Maldivian Democratic Party’s (MDP) primary to contest for a vacant seat on the Addu City Council.

Fahmy won the primary with 208 votes while his closest contender, Ibrahim Khaleel, received 141 votes. Five candidates contested in the primary held on Friday (August 8 ) and voting took place both in the capital Malé as well as the Feydhoo ward of Addu City.

A total of 628 ballots were cast, according to the results announced by the party yesterday.

The primary comes after Addu City councillor for the Feydhoo constituency, Abdulla Aswan, died of a heart attack on July 8.

The Elections Commission has since announced that a by-election for the vacant seat would take place on September 20. A by-election has also been scheduled for the same day for a vacant seat on the Noonu Velidhoo island council.

In January, MDP candidates won all six seats in the Addu City Council as well as a majority in the Velidhoo council.

Likes(0)Dislikes(0)

Supreme Court enacts new contempt of court regulations

The Supreme Court has enacted new regulations authorising courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

The contempt of court regulations (Dhivehi) promulgated on July 24 states that its purpose is “establishing justice, removing obstacles to trials, and upholding the honour and dignity of courts.”

“Contempt of court is a crime. And holding courts and its judges in contempt, and committing any act that could diminish the honour and dignity of courts is against Article 141(c) and (d) of the Constitution,” states section three of the regulations.

Spoken or written words as well as deeds and gestures that constitute contempt of court include portraying the judiciary in a negative light, an utterance or action that demeans a court, a judge, or court officer, “criticising or berating a court or a judge, or committing any act that causes loss of respect and dignity of a court or a judge, or attempting to bring the court into disrepute.”

Other actions include obstruction of ongoing trials, non-compliance with court orders or verdicts, refusal to provide testimony at a trial, refusal to answer summons to appear at court or flying overseas without permission, and use of obscene language inside a courtroom.

Additionally, causing physical harm to a judge or a court officer, damaging court property, bringing cameras or recording devices into courtrooms without permission, leaving a courtroom during ongoing proceedings, causing disorder at a trial, and using a public forum or the media to unduly influence an ongoing trial would also be considered contempt of court.

Initiating proceedings

While judges could immediately take punitive measures for contempt of court either during trials or within court premises, the regulations stipulate that the state must press charges and initiate criminal prosecution for words or deeds constituting contempt of court outside a courtroom.

However, the Supreme Court, High Court, and lower courts could initiate proceedings if either is the target of the contemptuous remark or action.

The apex court meanwhile has the discretion to initiate proceedings in cases involving contempt towards any court or judge.

If an institution exhibits contempt of court, the regulation states that its most senior official must bear responsibility and face charges.

The accused party in contempt of court trials would have the right to seek legal representation and defend themselves verbally or in writing. An odd number of judges must preside over such trials.

The accused could avail themselves of legal defence arguments used in criminal trials while evidence presented at such trials “with good will or intention to assist in the dispensation of justice” would not be considered contempt of court.

While providing information to the public regarding ongoing trials “truthfully and impartially” is permissible, the regulation states that courts could prohibit dissemination of information at its choosing.

Punishment

Persons found guilty of contempt of court during proceedings at a hearing or trial could be sentenced to up to 15 days in jail, placed under house arrest for up to one month, or fined up to MVR10,000 (US$649).

For other cases of contempt of court during proceedings or inside court premises, the regulations state that persons could be sentenced pursuant to Articles 85 through 88 of the penal code.

However, section 13 – which deals with punishment – does not specify the punishment for instances of contempt of court outside the courtroom

Moreover, sentences passed during proceedings or following a contempt of court trial cannot be appealed at a higher court. However, the Supreme Court has the authority to take measures or issue orders while a contempt of court trial is ongoing at a lower court.

‘Sumoto’

On March 9, less than two weeks before the parliamentary elections, the Supreme Court stripped former Elections Commission (EC) Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz of their membership in the independent commission over contempt of court charges.

The Supreme Court had summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations – promulgated in February – that allow the apex court to initiate proceedings and act as both prosecution and judge.

Meanwhile, in January, the Supreme Court suspended former Attorney General Husnu Suood and ordered police to investigate the lawyer for alleged contempt of court. The Prosecutor General’s Office, however, dropped the charges in March.

The former AG had represented the EC in an election annulment case before being ejected and barred from proceedings.

Moreover, the court also sought criminal charges against opposition-aligned private broadcaster Raajje TV over a report criticising the judiciary while Chief Justice Ahmed Faiz Hussain threatened legal action against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary.

Opposition Maldivian Democratic Party MPs Alhan Fahmy and Imthiyaz Fahmy were meanwhile charged with contempt of court for criticising the apex court on Raajje TV.

Likes(0)Dislikes(0)

Debate on new Elections Commission nominations disrupts Majlis

Monday’s general parliament session has been disrupted after opposition Maldivian Democratic Party (MDP) members raised procedural issues regarding the election of new members to the Elections Commission (EC).

Opposition members voiced their objections when the new names submitted by President Abdulla Yameen were presented to the Majlis.

Two seats on the five-member commission has been vacant since the Supreme Court stripped former EC President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in March.

In parliament today, MDP members maintained that the Supreme Court is not authorized to strip independent commission members of their membership, arguing the function falls within the parliament’s mandate.

Electing new members is against the spirit of the Maldives constitution, MDP MPs asserted.

“The circumstances under which EC members can be removed from their post is defined in the constitution,” MDP MP Ali Azim said today, quoting Article 177 of the Constitution.

Article 177 of the constitution says an EC member can only be removed from office on grounds of misconduct, incapacity or incompetence, which must be accompanied by “a finding to that effect by a committee of the People’s Majlis.

“While the constitution clearly states otherwise, neither the Supreme Court nor the President can remove any members from the EC,” Azim claimed.

Maradhoo consituency MP Ibrahim Shareef stated that the problem is that “an unconstitutional matter has been placed on the Majlis agenda”, adding that former Speaker Abdulla Shahid had refused to schedule the matter.

However, incumbent Speaker of Parliament Abdulla Maseeh insisted that the matters raised by the MDP cannot be accepted as procedural issues. He then proceeded to halt the Majlis session claiming it had become “impossible to conduct any form of productive work”.

During the 17th parliament, the parliament’s independent institutions oversight committee  had claimed that Thowfeek and Fayaz remained in their posts despite the Supreme Court verdict to the contrary.

On March 10, the parliament also sent a letter to Chief Justice Ahmed Faiz Hussain and Attorney General Mohamed Anil stating that the dismissals were in contrast to the constitutional procedures governing their appointment and dismissal, as well as the Elections Commission Act.

Senior leaders of ruling Progressive Party of Maldives criticised the letter even then, noting it did not represent a parliamentary decision and also that such statements were beyond the parliament’s remit.

The names submitted to parliament by President Abdulla Yameen to fill the posts at the EC are Mohamed Zahid, Malé Municipal Register number 1548; Ahmed Sulaiman of Endheri 7, Hulhumalé; Mohamed Shakeel of Bulbulaage from the island of Veyvah in Meemu atoll; and Fathimath Muna of Sanaroamaage from the island of Mahibadhoo in Alif Dhaal atoll.

Likes(0)Dislikes(0)

EC reinstates dissolved political parties as per SC order

The Elections Commission (EC) has reinstated eight small political parties on the Supreme Court’s advice.

The commission had dissolved the eight parties in February as they did not have a membership of 3,000 as required by a Supreme Court modification of the Political Party Act.

However, the Supreme Court subsequently sacked Elections Commission President Fuwad Thowfeek and Vice President Ahmed Fayaz for disobedience to order and contempt of court.

The EC sought the apex court’s advice and following a letter on June 12, the EC has now decided to reinstate the Islamic Democratic Party, Maldivian Social Democratic Party, Social Liberal Party, People’s Party, Maldivian National Congress, People’s Alliance, Maldivian Labor Party and Dhivehi Qaumee Party.

The number of registered political parties in Maldives now stands at fourteen.

Political Parties Act

The People’s Majlis passed the Political Parties Act in December 2012. Article 11 of the act required a minimum of 10,000 members requests for party registration, while Article 8 (b) gave parties with less than 10,000 members a three month period to increase membership or face dissolution.

President Dr Mohamed Waheed Hassan – whose own Gaumee Iththihaadh Party (GIP) was facing dissolution – refused to ratify the bill. But on March 5 2013, with unanimous support from both parliament’s minority leader and majority leader, the Majlis overruled the presidential veto and forced the the bill  into law.

In the same month the Elections commission dissolved eleven registered political parties under the Act.

Within days Attorney General Azima Shakoor asked the Supreme Court to declare existing smaller political parties could not be dissolved. The Maldives Development Alliance (MDA) also intervened in the case.

In September 2013, the SC voided articles 11 and 8 (b) of the Political Parties Act, declaring them to be in violation of Article 16 of the constitution which states that the People’s Majlis can only limit constitutional rights through legislation to an extent “demonstrably justified in a free and democratic society”.

The SC claimed the Political Party Act narrowed the constitutional right to establish political parties and participate in political party activity.

The verdict, supported by the entire Supreme Court bench, also declared 3,000 members to be the minimum requirement for political party registration as per the political party regulation of 2005, until the parliament amended the Political Party Act in accordance with guidelines provided in the ruling.

In December 2013 Gaumee Ithihadh Party of former president Dr. Mohame Waheed and Maldives Reform Movement founded by former Attorney General and President of MDP Dr Mohamed Munavvar was voluntarily dissolved, leaving the number of parties in transition at nine.

February dissolution

On February 6, the Elections Commission dissolved eight political parties for not having a minimum of 3000 registered members and gave them a three month period to increase membership. The MDA with approximately eight thousand members survived the dissolution.

In the same month, the SC initiated a contempt of court charge against the EC under new suo moto regulations which allow the Supreme Court to initiate proceedings, prosecute and pass judgement. The five member bench accused the EC of disobeying orders in dissolving the eight parties.

SC reached a verdict in March 2014, stripping Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentencing the former to a suspended prison term of six months.

In the controversial verdict, SC stated dissolving parties on the basis that a political party’s registry should include 3,000 members is be a violation of the constitution and the court’s previous verdict.

Likes(0)Dislikes(0)

EC to send names of candidates who failed to submit financial statements to PG

The Elections Commission (EC) has announced it will be sending for prosecution the names of 76 candidates who took part in the recently concluded parliamentary elections after they failed to submit their financial statements.

The EC confirmed that the 76 candidates who are to be sent for prosecution do not include any of the newly elected parliamentarians.

According to the General Elections Act, candidates are required to submit financial records of election expenditure to the EC within 30 days of the election.

Of the 302 candidates who contested in the parliamentary elections, 226 candidates submitted the financial records to the EC as required.

Likes(0)Dislikes(0)

No re-votes as High Court concludes Majlis election-related cases

The High Court has delivered verdicts today in 13 election-related cases filed by losing candidates in the March 22 parliamentary polls seeking annulment of the results.

In 12 cases, the High Court ruled that there were no grounds to annul the results and order a re-vote as the evidence submitted was not sufficient to prove electoral fraud.

In the case concerning the Lhaviyani Kurendhoo constituency, the court ruled that there were no grounds to grant the request for a recount of ballot boxes.

Losing candidates from both opposition and government-aligned parties had challenged the outcome of the Majlis elections.

The 13 constituencies were Haa Dhaal Nolhivaram, Shaviyani Funadhoo, Lhaviyani Kurendhoo, Lhaviyani Naifaru, Kaafu Kaashidhoo, Vaavu Felidhoo, Thaa Thimarafushi, Laamu Isdhoo, Gaaf Alif Villigili, Gaaf Alif Gemanafushi and the mid-Hithadhoo, Hithadhoo North and Feydhoo constituencies in Addu City.

While opposition Maldivian Democratic Party (MDP) candidates for Kaashidhoo, Nolhivaram, Feydhoo and Funadhoo filed cases at the High Court on their own accord, cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies were filed by the party.

The rest of the cases were lodged by candidates of the ruling Progressive Party of Maldives (PPM) and its coalition partner Jumhooree Party (JP).

Coalition concerns

Following his loss to an independent candidate, the incumbent JP MP for Lhaviyani Naifaru, Ahmed Mohamed, accused the PPM of attempting to “destroy” its coalition partner.

The veteran MP explained that PPM members contested as independents in constituencies assigned for the JP in the seat allocation deal reached among the coalition parties.

While the independent candidate – Ahmed Shiyam – used the PPM party office, colour, and logo in his campaign for the Naifaru seat, Ahmed Mohamed alleged that the government gave jobs and promotions in the nearby Felivaru fish cannery at his opponent’s request.

“And if that wasn’t enough, [they] anti-campaigned against me while voting was ongoing,” he claimed.

Shiyam – along with three of the five successful independent candidates – signed for the PPM within days of the polls’ conclusion.

JP MP for the Hithadhoo South constituency, MP Hassan Latheef, also accused the PPM of campaigning against him after two senior members of the ruling party contested as independents.

Latheef reportedly alleged that the PPM members used money to bribe voters and influence within the government to provide jobs.

Latheef also noted that he was not invited to a campaign rally in Hithadhoo that was attended by President Yameen. The two independent candidates were however present at the rally, he said.

Marked ballots

Meanwhile, briefing members of the MDP’s national council last week, former Human Resources Minister Hassan Latheef – a member of the party’s legal committee – explained that that the party filed cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies.

As both the constitution and electoral laws stipulate that voting must be conducted through secret ballot, Latheef said the Elections Commission was responsible for ensuring secrecy of the ballot.

Based on precedents established by the High Court and Supreme Court, Latheef explained that the MDP had asked the High Court to declare that ballot papers tagged with a symbol or mark would be invalid.

In the Gaaf Alif Villigili constituency election, Latheef said that about 300 ballot papers were tagged, all of which were counted as valid votes for the PPM candidate.

Similarly, in the Laamu Isdhoo constituency, Latheef said the number of tagged ballot papers was more than 150 while there were more than 100 tagged ballot papers in the Gemanafushi constituency.

Latheef noted that in all three constituencies, the margin between MDP and PPM candidates was smaller than the number of tagged ballot papers identified by observers.

Under a precedent established by a Supreme Court ruling, Latheef said that if the number of ballots whose secrecy was compromised exceeds the margin of victory, the poll would not be valid.

As compromising the secrecy of the ballot in any election was illegal, Latheef contended that tagged ballot papers should be considered invalid votes.

Earlier this month, the MDP issued a press release accusing government-aligned parties of unduly influencing the March 22 polls through coercion and intimidation in addition to vote buying.

Some voters were asked to tag their ballot papers with a special mark or symbol for PPM observers and candidate representatives to identify their votes, the party alleged.

Voters were threatened with dismissal from their government jobs if they did not follow the instructions and proved they voted for the coalition candidate, the press release stated.

In the wake of the Majlis elections, NGO Transparency Maldives stated that while the polls were well-administered and transparent, “wider issues of money politics threatens to hijack the democratic process”.

Likes(0)Dislikes(0)

DhiFM Plus airs upside down photo of broadcasting commission chair

Private broadcaster DhiTV and sister network DhiFM Plus have responded to threats of action by the Broadcasting Commission regarding violations of the broadcasting code of practice by displaying an upside down photo of the commission’s chair, Mohamed Shaheeb.

The commission issued a stern warning yesterday of possible action against the broadcaster for repeatedly displaying upside down photos of Elections Commission (EC) members in late February.

As the commission had previously decided that the move contravened the broadcasting code of practice, the broadcasting regulator said in a statement yesterday that its members unanimously decided to issue a warning to Broadcasting Maldives Pvt Ltd – the company that operates DhiTV – under article 44(a)(2) of the Broadcasting Commission Act.

The upside down photo of Shaheeb on DhiFM’s visual radio channel – also aired on DhiTV during its downtime – is accompanied by a news ticker that reads, ‘Experts say that making such a harsh announcement while [we] have been apologising in compliance with the Broadcasting Commission’s instructions is a step backwards for democracy’.

Last month, the commission asked DhiFM Plus to publicly apologise for broadcasting an upside down photo of former EC Chair Fuwad Thowfeek.

The commission noted at the time that the station had previously been advised that the upside-down content was in violation of the code of practice, instructing the private broadcaster to issue a statement of apology to be aired between 8:00pm and 10:00pm before March 26.

The station had been asked in February to cease broadcasting upside down photos pending the conclusion of an investigation by the commission.

Similar advice was given to the broadcaster in November last year after upside down photos of three EC members were shown with a caption alleging electoral fraud in the annulled September 7 presidential election.

In March, the Supreme Court stripped Thowfeek and EC Deputy Chair Ahmed Fayaz of their membership over charges of contempt of court, prompting DhiTV and DhiFM to resume airing their upside down photos.

Following the incident, the broadcasting commission sent a circular to all broadcasters noting that it had received complaints and appealed against the disrespectful use of photos.

Likes(0)Dislikes(0)

Jumhooree Party fined for fraudulent membership applications

For the second time this month Elections Commission has fined Jumhooree Party (JP) over fraudulent membership applications.

According to the commission, the JP used one person’s finger print on multiple party application forms – the fifth time the party has been caught doing this.

The JP have now been asked to pay a fine of MVR9,000 as per Article 48 (a) of the Political Parties Act.

The party was fined with MVR8,000 earlier this month for the same reason.

Along with the JP, the Progressive Party of Maldives was also fined MVR7,000 for submitting party application in contravention of the Political Parties Act for a third time.

Likes(0)Dislikes(0)

High Court to open on Friday to receive election-related cases

The High Court has today said that its registration department will be open on Friday night between 9pm-11:30pm in order to receive cases concerning the recent Majlis elections.

The court noted that according to laws it has to conclude cases concerning elections within 30 days of the final results being issued by the Elections Commission (EC).

All cases concerning the elections have to be submitted within 14 days of the result, which were announced by the EC on March 28 at 11:35pm.

The High Court has so far accepted cases concerning electoral issues in 10 constituencies so far, including Villingili, Mahibadhoo, Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, Meedhoo, Felidhoo, and Nolhivaram constitutencies.

The court has today concluded hearings into the lawsuit filed by the Jumhooree Party (JP) candidate for Naifaru constituency Ahmed Mohamed, who alleges that the independent candidate – whom he alleges had campaigned after the time was up – had sent misleading text messages to constituents.

EC lawyer Husnu Suood is reported to have told the court today that the complaints had been filed at the complaints bureau by the JP candidate, but that the case had not been concluded as the commission was still clarifying some information from government authorities.

He said the commission had noticed misleading texts sent to Naifaru voters in the name of JP candidate Ahmed Mohamed, noting that it was a very serious issue.

According to Haveeru, Suood told the court that if the accusations were proven, the candidate had violated the code of ethics for campaigning.

Also speaking at the court today, the JP candidate’s lawyer said that independent contestant Shiyam had campaigned outside of the regulated time period.

Shiyam is also accused on sending misleading text messages to constituents saying that the government coalition supported him, as did both President Abdulla Yameen and former President Maumoon Abdul Gayoom.

Of the five independent MPs-elect, three – including Shiyam – have now signed for the the president’s Progressive Party of Maldives (PPM).

The JP candidate’s lawyer submitted two witnesses as well as the text messages in question to the court, which announced no further hearings would be held in the case unless the court needed to question witnesses or to clarify more information.

PPM candidate in Mid-Hithadhoo, Ibrahim ‘Hiyaaly’ Rasheed, has asked the High Court for police intelligence regarding his bribery allegations, while losing Maldivian Democratic Party candidate for the Shaviyani Funadhoo constituency alleges the late closure of a ballot box, out of hours campaigning, and bribery in his case.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO Transparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

Likes(0)Dislikes(0)