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 Minivan News was told by a CSC source at the time that Fahmy’s fingerprint access was rescinded after the former commissioner continued to come to the office for a few minutes every day.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.
The Civil Service Commission (CSC) has decided to withhold the salary of former chair, Mohamed Fahmy Hassan, who was dismissed by parliament over allegations that he sexually harassed a female staff member.
The Supreme Court reversed parliament’s decision and Fahmy continued to sign in for work every day.
CSC Media Officer Ali Nizar confirmed to Minivan News that the commission has now suspended Fahmy’s salary and allowances.
“He does not have access to the commission,” Nizar said.
He said that government authorities including President Dr Mohamed Waheed had not responded to the commission when it requested the executive resolve the issue.
According to Nizar, Dr Waheed failed to reply to a letter sent by the commission asking him to resolve Fahmy’s issue.
Auditor General Niyaz Ibrahim told local newspaper Haveeru that his office had given advice on the CSC’s request.
Niyaz told the paper he advised the commission withhold Fahmy’s salary and allowances until the matter was resolved, as it would not be easy to recover once it was paid. He said this was the normal procedure followed in the Maldives.
Minivan News contacted the newly appointed president of the CSC, Ibrahim Latheef, who referred Minivan News to the commission’s secretary general, Mohamed Faizal. Faizal was not responding at time of press.
On August 13, parliament appointed a new member to the CSC to replace Fahmy with 51 out of 54 MPs present voting in favour 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 Fahmy after the Independent Institutions Committee investigated a complaint of sexual harassment against the CSC chief by the employee.
However 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.
The Civil Service Commission (CSC) has blocked former chief Mohamed Fahmy Hassan from accessing its offices as the country’s executive, Supreme Court, and parliament remain at an impasse over Fahmy’s membership at the CSC.
However, a source within the commission – who wished to remain anonymous – told Minivan News that Fahmy was continuing to come to the office for a few minutes everyday.
CSC media officer Ali Nizar said the commission had decided to cancel Fahmy’s fingerprint access on September 11 until the dispute over Fahmy’s membership was resolved.
“Therefore he cannot be present at the commission in any official capacity,” Nizar said.
The parliament in November last year 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 invalidated the parliament’s decision to remove Fahmy from his position, and President Dr Mohamed Waheed reinstated him to the CSC.
The parliament nevertheless proceeded to appoint a new member to the CSC to replace Fahmy on August 13, and appointed CSC member Dr Mohamed Latheef as the new chair of the commission on August 20.
On August 15, however, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office was preparing to give credentials to a new appointee – Fathimath Reenee Abdul Sattar.
The following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.
The President of Anti-Corruption Commissions (ACC) Hassan Luthfy told local media on August 19 that the commission would be investigating the Supreme Court for abuse of office due to the presence of Ali Hameed on the bench that issued the injunction.
Hameed had been involved in a case – regarding a leaked sex tape – that was being investigated in the Judicial Services Commission, of which Fahmy was a member by virtue of his place as CSC head.
Meanwhile, new CSC chair appointee Dr Mohamed Latheef has appealed to President Waheed to find a solution, but told Minivan News today he is yet to receive an answer from the president.
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.
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.
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.
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.
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.”
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.
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.”
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 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.
The Women’s Wing of the Maldivian Democratic Party (MDP) gathered outside the government Velaanaage building yesterday in protest at alleged workplace sexual harassment faced by females.
The protest was held after Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan was last week requested to stand down from the position after an Independent Institutions Oversight Committee vote on accusations he harassed a female member of staff at the commission.
Fahmy has continued to refute the allegations, which he claims are “politically motivated”.
The MDP stated that the protest was held to stand against sexual harassment faced by Maldivian women at the workplace. The group also demanded the resignation of Fahmy within the 14 day time period requested by the parliament Independent Committee. The 14 days will be up next Wednesday (July 25).
Around two dozen protesters gathered outside Velaanaage at about 2:00pm yesterday, with the demonstration reportedly ending peacefully two hours later.
Protesters were seen holding banners calling on the immediate resignation of CSC Chair Fahmy and other banners mostly expressing disappointment for Fahmy still being in the position.
After parliament’s Independent Commissions Oversight Committee concluded its investigation into the case, the decision was taken to forward the issue to the parliament floor should Fahmy not resign within the 14 days.
Local newspaper ‘Haveeru’ have speculated that there was a chance that Fahmy will not lose his postion as the Chair of the CSC if the issue was presented to the parliament floor. The newspaper reported that Fahmy has close relations with government-aligned MPs that dominate the Majlis chamber, according to some political figures.
In the parliament committee meeting, five MPs voted against taking action against Fahmy and the other five MPs voted in support of taking action against Fahmy and the vote was even.
In such situations where the vote appears even, the regulations obliges the Chair of the committee to vote. It was decided ultimately that action should be taken against Fahmy was passed after the Chair of the committee Independent MP Mohamed Nasheed voted in favor taking action against Fahmy.
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