Tag: jurisdiction

Bill proposed to transfer land from local councils to central government

Progressive Party of Maldives (PPM) MP Riyaz Rasheed has proposed transferring land and lagoons under local council jurisdiction or ownership to the housing ministry.

“I am proposing amendments to the Decentralisation Act to the [People’s] Majlis today because of the disputes concerning land between councils, city councils and the housing ministry, and because the existing land law and decentralisation law does not make clear enough to us who has ownership of land,” said Riyaz while presenting the legislation (Dhivehi) at yesterday’s sitting of parliament.

“Therefore, I certainly believe that the state’s property should be under one institution.”

In the ensuing debate, MPs of the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) accused the government of attempting to “destroy” decentralisation and render councils powerless.

The amendments would defeat the purpose of devolving decision-making powers, they contended, noting that articles 234 and 235 of the Constitution state that local councils shall have the authority to “raise funds” and “own property and incur liabilities”.

Riyaz  meanwhile argued that state assets should be under the control of the executive, alleging that councils with opposition majorities were deliberately obstructing development projects by refusing to provide land.

The deputy leader of the PPM’s parliamentary group claimed that some island councils have yet to arrange land for the fisheries ministry and youth ministry to build ice plants and sports arenas, respectively.

The current administration was “facing serious difficulties” in implementing its policies, he contended.

Following disputes between the housing ministry and councils, Riyaz noted that councils have recently been informed not to conduct transactions involving state-owned land or lease property without obtaining permission from the president.

In June, the Ministry of Housing and Infrastructure removed two parks from the jurisdiction of the MDP-majority Malé City Council, while Dharubaaruge convention centre was reclaimed by the government in May.

Riyaz also criticised the city council for leasing parks in the capital for restaurant businesses. While councils should have authority over land, Riyaz said the law should not allow that power to be misused.

“It should be done in accordance with the government’s policies,” he insisted.

“Toothless”

During the debate, MDP MP Abdul Ghafoor Moosa said the amendments would make councils “toothless” and the decentralisation law “useless.”

Ghafoor denied Riyaz’s allegations of non-cooperation from MDP-majority councils, adding that the claims were intended to “mislead” the public.

JP MPs also noted that property and lagoons under council ownership were the only significant means available for generating an income.

MDP MP Rozaina Adam said the government was trying to “cut off the arms and legs” of councils as they would not be able to do “any work when the government steals land from small islands.”

Several MPs suggested that there were many island councils doing exemplary work for the benefit and development of their islands or atolls. All local councils should not be punished or blamed for the actions of a few, the MPs said.

JP MP Hussain Shahid suggested amending the law to allow councils to function more efficiently, arguing that the number of councillors in each island were excessive.

The current model of more than 1,000 elected councillors approved in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the MDP government, which had proposed limiting the number of councillors to “no more than 220.”

Following the release of the UNDP’s second Human Development Index report in June – which found the rest of the country lagging behind the Malé area with its ‘highly developed’ score – Salma Fikry, a prominent campaigner and proponent of decentralisation, told Minivan News that lack of political will was to blame for the disparity.

“The whole point of decentralisation is scary for the Maldivian government because they like to keep people dependent, they like to think of themselves as doing people favours,” she said.

She predicted that “three quarters of the population would probably move to the capital and the rest of the country will be taken over by the corporations.”

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Housing Ministry authorised to withdraw land owned by Malé City Council: Civil Court

The Housing Ministry has the authority withdraw lands under the Malé City Council if the cabinet decides such lands are required for social, economic and national security purposes, the Civil Court has ruled on Wednesday.

The ruling came in response to a request temporary injunction by the owners of Lemongrass restaurants after police forcibly halted construction of a new restaurant in Malé’s carnival area last week.

The plot had been leased to Lemon Grass restaurants by Malé City Council.

But the Housing Ministry decided to take the plot back and ordered the police to halt ongoing work. Owners of Lemongrass restaurants told local media over 80 percent of construction had been completed.

The Civil Court ruled that when lands leased to people under third party agreements are withdrawn the government would have to pay compensation to the tenant.

On March 27, following a cabinet decision, the Ministry of Housing and Infrastructure decided to take over all major lands in Malé City from the city council.

The Housing Ministry and Malé City Council have clashed periodically over the ownership of land in Malé.

Minister of Housing and Infrastructure Dr Mohamed Muiz told newspaper Haveeru at the time that the lands that will be taken from the council including the artificial beach, carnival area, south harbour area, lands near the T-Jetty, Usfasgandu area on the southeast, and Dharubaaruge multipurpose hall.

Muiz said all of the plots were to be developed under a master plan formulated by the ministry, and that there were no problems between the council and the ministry.

“We are taking almost all large plots [in Malé]. We will very soon inform the council in writing that those have been taken [from the council]. We will work with the council. I don’t think this will create any problems,” Muiz said.

‘’The government has the authority to take such lands to utilise them for social and economic purposes.”

Muiz further said that all arrangements of transfer, including the issue of any existing contracts with a private party, will be dealt according to the laws and regulations.

Director of Lemongrass Ahmed Atheef Hussain told Sun Online that the Ministry of Housing and Infrastructure had claimed that the restaurant was being constructed in violation of regulations, and requested police to halt the work.

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Civil Court rejects MP Alhan’s request for injunction suspending candidacy of MDP Feydhoo ticket winner

The Civil Court has ruled today that it does not have the jurisdiction to grant an injunction suspending the candidacy of the Maldivian Democratic Party’s (MDP) Feydhoo primary winner.

The decision (Dhivehi) came in a lawsuit filed by Feydhoo MP Alhan Fahmy against the MDP seeking annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Alhan lost the MDP’s primary to Mohamed Nihad last month by a 162 vote margin and challenged the results on the grounds that the voter list was outdated and did not include 67 new members. He also alleged electoral fraud in the Feydhoo poll.

Alhan had asked the court to order the Elections Commission (EC) to suspend Nihad’s candidacy pending a judgment on the legitimacy of the primary contest.

Judge Ali Naseer however ruled that cases concerning the candidacy of persons standing for parliament was in the jurisdiction of the High Court under the Judicature Act and the General Elections Act.

Lawyers representing the MDP reportedly did not attend this morning’s hearing.

Judge Naseer said that the party will be given an opportunity to respond to the allegations of fraud at the next trial date.

At yesterday’s hearing, the party’s legal team raised a procedural issue contending that the court could not hear the case as Alhan had not completed the appeals process through the party’s internal mechanisms.

The judge however dismissed the procedural point and ruled that the court could proceed with the case. He noted that as the MP could no longer submit a complaint to the party’s appeals committee, dismissing the case would deprive Alhan of his constitutional right to a fair trial.

The MDP has since appealed the ruling at the High Court.

While Alhan had first filed his case at the High Court, the court’s registrar informed his lawyers that it could not hear cases involving internal elections conducted by political parties.

Alhan was stabbed in a restaurant in Male’ on February 1 and returned to the Maldives on Friday (March 1) after undergoing treatment in Sri Lanka.

The incumbent MP is contesting the upcoming parliamentary elections as an independent candidate.

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with three prostitutes in a Sri Lankan hotel.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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