Tag: Hulhuhenveiru MP Reeko Moosa Manik

Elections Commission says MDP cannot force Moosa to follow party whip

The Elections Commission (EC) has reportedly found no legal grounds on which the opposition Maldivian Democratic Party (MDP) can impose the three-line whip on MP ‘Reeko’ Moosa Manik.

According to media sources the EC’s letter noted that Moosa took an oath to sincerely and truthfully carry out the responsibilities of a parliament member in accordance with the Maldivian Constitution.

EC officials referred Minivan News to Moosa for further details regarding the deliberation, but the Hulhuhenveiru MP was not responding to calls at the time of press.

The commission investigated the case after Reeko – also deputy Majlis speaker- had requested a review of the MDP disciplinary committee’s decision to dismiss him from the party – a decision later backed by the party’s appeals committee.

When asked whether the decision regarding the case submitted by Moosa would oblige the MDP to take any particular action or reverse the party’s decision, the EC today stated that the commission cannot order any party to a particular course of action.

Moosa has previously refused to pursue the case in the courts, and said he would he not be joining another party. CNM has today quoted Moosa as saying: “I do not wish to leave the MDP, I will even participate in the party’s activities”.

According to the decision by the MDP’s disciplinary committee, if Moosa wishes to rejoin the party he is required to issue a public apology and obtain 50 new members for the party, but will be barred from standing for any leadership position or contesting in party primaries for five years.

Although Moosa has described the disciplinary committee’s decision as “discriminatory”, the appeals committee found no evidence that any other MPs had defied the party whip more than once, claiming that Moosa had done so on five occasions.

The appeal committee’s report noted that Moosa had violated the parliamentary group’s three-line whip on four other votes in December, listing them as: voting to consider and then to accept amendments to the Judicature Act, voting to pass the 2015 state budget, and voting to amend the Import Export Act.

Moosa was dismissed on December 22 after the party’s national council asked the disciplinary committee to take stern action against those who violated the three-line whip in the crucial vote to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan on December 14.

The Majlis decision to remove the Supreme Court judges has been deemed unconstitutional by multiple local and international groups including the Maldives’ own Civil Court.

Responding to the appeals committee, Moosa said that the decision to expel him and to bar him from contesting in the MDP’s internal elections is in contradiction of articles 26 (b), 90 (a) and 109 (a) of the Constitution.

Article 90 grants immunity for actions carried out in the People’s Majlis, Article 26 defines the rights to vote and contest in elections, and Article 109 defines the requirements of an individual intending to run for the presidency.

Moosa has expressed his belief that the real reason for his dismissal from the party was his announcement that he intented to contest the MDP’s presidential primaries in 2018.


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MDP appeals committee backs decision to expel MP Moosa

The opposition Maldivian Democratic Party’s (MDP) appeals committee has ruled in favour of the party’s decision to expel Majlis Deputy Speaker and Hulhu Henveiru MP Reeko Moosa Manik.

Although Moosa has described the disciplinary committee’s decision as “discriminatory”, the appeals committee found no evidence that any other MPs had defied the party whip more than once, claiming that Moosa had done so on five occasions.

The party’s decision to expel Moosa was prompted by his failure to attend the Majlis for the vote to remove two Supreme Court judges last month. Five other MDP members who failed to follow the party’s instructions to vote against the removal were asked only to issue a public apology.

The appeal committee’s report’s noted that Moosa had violated the parliamentary group’s three-line whip on four other votes in December, listing them as: voting to consider and then to accept amendments to the Judicature Act, voting to pass the 2015 state budget, and voting to amend the Import Export Act.

Moosa admitted to all but one of the charges investigated by the committee. He denied having received the whip notice for the Import Export Act vote.

Moreover, the report stated that harsher penalties in accordance with the frequency of the offences cannot be considered discriminatory or unfair and that Moosa had admitted to intentionally violating the three-line whip regarding the removal of Chief of Justice Ahmed Faiz and Supreme Court Justice Muthasim Adnan in his appeal letter to party Chairperson Ali Waheed.

The five-member appeals committee – comprising Fareesha Abdulla, Mohamed Mahir Easa, Hassan Zahir, Nazil Afeef, and Hassan Latheef – unanimously agreed there was no basis to bring any changes to the decision taken by the disciplinary committee with regards to Moosa.

Moosa was dismissed on December 22 after the MDP National Council had asked the party’s disciplinary committee to take stern action against MPs who violated the three-line whip in the vote in the controversial Supreme Court judges vote.

The Majlis decision has been deemed unconstitutional by multiple local and international groups including the Maldives’ own Civil Court.

According to the decision by the disciplinary committee if Moosa wishes to rejoin the party, he is required to issue a public apology and obtain 50 new members for the party, but he will be barred from standing for any leadership position or contesting in party primaries for five years.

Moosa’s response

Responding to the appeals committee, Moosa said that the decision to expel him and to bar him from contesting in the MDP’s internal elections is in contradiction of articles 26 (b), 90 (a) and 109 (a) of the Constitution.

Article 90 states that “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam”.

Article 26 defines the rights to vote and contest in elections, and Article 109 defines the requirements of an individual intending to run for the presidency.

Moosa reiterated his belief that the real reason for his dismissal from the party was his announcement that he intented to contest the MDP’s presidential primaries in 2018.

Also former chairperson and parliamentary group leader, Moosa has previously stated that he does not trust the party’s appeal process, but that he would not contemplate taking the party through the courts.

Reeko stated that he would proceed with the matter further after a decision by the Elections Commission, with which he has also lodged a complaint.

When asked previously why he chose to appeal the disciplinary committee’s decision through the MDP’s internal mechanisms despite having stated that he does not trust the party’s appeal process, Moosa asked: “What else is there to do? I would never take MDP to court, I would never do that”.


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Amendments to Judicature Act submitted on request of President Nasheed, says Reeko Moosa

Deputy Speaker of Parliament MP ‘Reeko’ Moosa Manik has alleged that amendments to the Judicature Act, which facilitated the removal of two Supreme Court judges, were submitted on the request of former President Mohamed Nasheed.

“[MDP MP Ibrahim ‘Mavota’] Shareef told me personally that the amendments to the Judicature Act were submitted on the request of President Nasheed,” explained the Hulhuhenveiru MP.

Moosa also alleged that neither the Maldivian Democratic Party (MDP) nor President Nasheed had formally asked MP Shareef to withdraw his amendments.

The former MDP chair was speaking to Minivan News regarding his appeal against the party’s decision to dismiss him for repeatedly breaching the three-line whip – twice during the removal of the judges.

President Nasheed has denied Moosa’s allegations, telling Minivan News: “I did not ask Shareef to submit any bill”.

Moosa suggested that Nasheed – currently the party’s president – was aware he would violate the whip if a situation arose in which Chief Justice Ahmed Faiz was to be defended, therefore initiating a process which would eventually result in the MP’s dismissal.

He has explained his position, arguing that the dismissed chief justice had done great harm to the party, not least when swearing in Vice President Dr Mohamed Waheed without question following Nasheed’s controversial resignation of the presidency in February 2012.

During Faiz’s tenure, the Supreme Court bench had stripped three MDP MPs of their membership and annulled the first round of presidential elections held in September 2013, Moosa has previously explained.

The removal of Faiz and Muthasim Adnan was condemned as unconstitutional by numerous local and international organisations, who have said the move compromises the independence of the judiciary.

Moosa reiterated his belief that the real reason for his dismissal from the party was that he had announced his intention to contest the MDP presidential primaries of 2018.

“I attended a meeting with Shareef at President Nasheed’s office to discuss about the amendments (to the Judicature Act). Nasheed did not request Shareef withdraw it.”

When contacted by Minivan News today, Shareef – who submitted the amendments to the Judicature Act in November – refused to confirm Moosa’s claims, saying that he did not wish to comment on the matter for the time being.

The MDP’s national executive council rejected Shareef’s amendments which were subsequently approved with the support of government-aligned parties in the Majlis. Shareef himself eventually voted against both the amendment and the judges’ removal.

Moosa has also questioned the legitimacy of his dismissal from MDP, noting that current party Chairperson Ali Waheed had not officially informed the Majlis

“If my dismissal is serious and legitimate why has it not been done? This also points to the fact that there is something not right about this whole disciplinary committee business”.

Disciplinary Committee decision

The MDP’s disciplinary committee expelled Moosa on December 22, stating that he would be required to issue a public apology and obtain 50 new members for the party should he wish to rejoin.

The committee has, however, barred Moosa from standing for any leadership position or contesting in party primaries for five years.

When asked why he chose to appeal the disciplinary committee’s decision through the MDP’s internal mechanisms despite having stated that he does not trust the party’s appeal process, Moosa asked: “What else is there to do? I would never take MDP to court, I would never do that”.

Moosa has also lodged a complaint with the Elections Commission (EC), which confirmed it has received the case.

Additionally, Moosa said he did not believe that a five-member disciplinary committee could expel him, noting that the dismissal of former MDP President Dr Ibrahim Didi and Vice president Alhan Fahmy was deliberated upon by the party’s National Council.

Moosa also claimed that that the party can only issue whips regarding the way in which votes are to be cast, and not on attendance at the parliament.

The disciplinary committee’s demand that he submit new membership forms when joining the party was also against the MDP’s standing orders, he added,

According to Article 114 of MDP’s constitution: “The disciplinary committee has the authority to warn, fine, suspend and expel parties proven guilty of” violating the party’s constitution, regulations, or damaging the party’s aims or reputation.

In explaining the timeline of events which preceded the parliamentary vote to dismiss the Supreme Court judges, Moosa said he had requested the parliamentary group hold a meeting to further discuss the issue.

Meanwhile in accordance with MDP’s disciplinary committee’s decision regarding the five other MDP MPs who broke the whip for the judges’ removal, their apology letters were published on the MDP’s website yesterday (4 December).


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MDP expels MP ‘Reeko’ Moosa Manik

The opposition Maldivian Democratic Party’s (MDP) disciplinary committee has today expelled MP and Deputy Speaker of parliament ‘Reeko’ Moosa Manik for breaching the party parliamentary group’s three-line whip in three Majlis votes.

The MDP’s National Executive Council last week asked the committee to penalise Moosa within seven days along with five others after their absence from a Majlis vote to dismiss former Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

Others absent from the vote were Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, and Kurendhoo MP Abdul Bari Abdulla.

Disciplinary committee Chair Mohamed Shifaz said Moosa had failed to answer summons to answer charges, forcing the committee to levy harsher penalties.

The remaining five MPs have been ordered to issue a public apology as they breached the party’s three-line whip only once.

Shifaz said that if Moosa wished to rejoin the party, he must publicly apologise and gain 50 new members. However, he will not be allowed to contest in any party primary or stand for a leadership position in the next five years.

Moosa – who had announced he would contest the MDP’s presidential primaries in 2018 – is reported to be signing for the ruling Progressive Party of the Maldives (PPM) tomorrow.

Opposition aligned Raajje TV has meanwhile reported that the government has awarded Moosa’s Heavy Load Pvt Ltd three islands for resort development following the termination of an agreement to reclaim land in Hulhumalé.

The five other MPs will be dismissed from any elected or appointed posts within the party and from chair or deputy chair positions in any People’s Majlis committees.

If the MPs breach a whip-line again, they will be suspended from contesting party primaries or leadership positions for five years.

Nazim is to be suspended from participating in National Executive Council or Parliamentary Group votes for three months, while Yamin, Bari, Marzooq, and Naseer are to be suspended for six months.

Nazim is also to be dismissed from party committees for three months, and suspended from contesting party primaries or standing for leadership positions for the next two years.

Yamin, Bari, Marzooq, and Naseer are to be dismissed from party committees for six months, and barred from contesting party primaries or standing for leadership positions for the next three years.

Shifaz said he believes the party must also penalise MP Ibrahim ‘Mavota’ Shareef for submitting amendments to the Judicature Act that resulted in the dismissal of Faiz and Muthasim.

The MDP rejected the proposal immediately and Shareef voted against amending the Judicature Act and the dismissal of the two judges.

Shareef was expelled from the MDP in 2007 for refusing to cooperate with an investigation into allegations of sexual harassment. He went on to join the Dhivehi Rayyithunge Party (DRP) before rejoining the MDP in 2013 when the DRP decided to back Nasheed during November’s presidential polls.

MDP has said the sudden removal of the two Supreme Court Judges is an attempt to stack the judiciary in President Abdulla Yameen’s favour.

Commonwealth groups have described the judges’ removal as unconstitutional, saying it constituted a clear breach of the Commonwealth Principles to which the government of Maldives has subscribed.

“As a result the independence of the judiciary and the Rule of Law have been “severely jeopardised”.

The International Commission of Jurists said the Maldivian parliament and executive “have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State.”


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