Tag: Local Government Authority

Attorney General’s office fails to approve 2000 municipal regulations: LGA

Two-thousand Local Government Authority (LGA) municipal regulations have yet to be approved by the Attorney General’s office, local media has reported.

LGA Vice President Hussain Shujau stated the lack of approvals demonstrated an unwillingness among the government and President Dr Mohamed Waheed’s cabinet to allow local government mechanisms to function, according to local media.

Only eight regulations have been approved thus far.

Shaujau previously accused Waheed’s government of “harassment”, claiming local councils had also noted a lack of cooperation from the state.

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Certain parties leasing city hall failed to pay rent: LGA

The Local Government Authority (LGA) has revealed that certain parties who have leased Male’ City Hall from the local municipal council had failed to pay the required amounts of rent.

A report compiled by the LGA, which was commissioned to probe difficulties faced by Male’ Cty Council (MCC) in fulfilling its mandate, showed that the decision to rent out city hall in order to generate revenue for the council had not been regulated.

Under the agreement to rent out the city hall, MCC members had decided to charge MVR 1,500 per day as rent.

LGA also alleged that the city hall’s availability for leasing had not been made public, which according to the authority violates the equality clause in Article 17 of the constitution.

Local media reported that MCC had been advised to recover the funds and establish a system to document the transactions of the council.

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Elections scheduled on Wednesday for women’s committees

Elections are due to take place in 102 islands on Wednesday for women’s committees to work with the existing island councils.

Local Government Authority (LGA) Chief Executive Officer Dr Ahmed Shukuree however told local daily Haveeru yesterday (November 4) that there were no candidates from 44 islands. The LGA plans to fix a date for elections in the 44 islands after sharing information on the importance of the committees, he said.

While elections would be held in 102 islands, constituencies where only one candidate applied, such as in some areas of Male’ and Addu City, would not require an election, Shukuree said.

Aside from nine-member committees for three islands, five member committees would be elected in 159 islands and seven members committees in 26 islands, according to the LGA.

Under article 36 of the landmark Decentralisation Act (Dhivehi), the powers and responsibilities of women’s committees are: (a) Advise island council on matters related to island development and municipal services provided by the council; (b) Own properties and conduct business activities with others in the name of the committee; (c) Sue and be sued in the name of the committee; (d) Conduct various activities for income generation and for the development of women; (e) Work to uphold the rights of women; (f) Work to increase religious awareness amongst women; (g) Work to increase political participation of women; (h) Work to increase the numbers of women enrolled in higher  education; (i) Work to improve the health condition of women; (j) Gather important information related to the women; (k) Manage assets and finance of the committee.

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Decentralisation Act not unconstitutional, Supreme Court rules

The Supreme Court ruled on Thursday that provisions of the Decentralisation Act were not in conflict with the constitution.

In March 2011, former State Minister for Home Affairs Mohamed ‘Monaza’ Naeem filed a case at the apex court arguing that some provisions of the Act contradicted the unitary nature of the Maldivian state as laid out in the constitution, and requested the conflicting articles to be struck down.

Naeem had argued that the Local Government Authority (LGA) created by the Decentralisation Act was not answerable to any government minister while article 140 of the constitution states that, “A member of the cabinet shall be given responsibility for each authority or institute established by the government or the People’s Majlis, except for independent institutions specified in this constitution or established pursuant law. Such member of the cabinet must take responsibility for the operation of such authority or institution and must be accountable for it.”

The Supreme Court bench that heard the case ruled unanimously that the LGA was not unconstitutional as it was not necessary for a minister to be the administrative head of such an authority or office.

The Justices further noted that article 140 did not envision a cabinet minister to be responsible for elected councils.

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LGA warns MCC against allowing use of council facilities for political activities

The body assigned to monitor the work and activities of the councils created under the 2010 decentralisation act has urged Male’ City Council (MCC) not to allow its facilities or equipment to be used for political purposes.

The Local Government Authority (LGA) has reported several complaints about the use of council offices for political purposes and has released a statement on its website warning the council that such activities could undermine public confidence in the MCC.

“[The LGA] believes that this could disrupt the system by which these services are provided to the people. Hence, we advise all councils and council offices to refrain from leasing council property and equipment for political gatherings,” read the statement.

Under the terms of the 2010 Decentralisation Act* the LGA was created to “monitor the work and activities and coordinate the work of the councils.”

The act also commits the LGA to “ensure the work and activities of councils created is functioning in accordance with the constitution, this act, and the other laws.”

The LGA statement did not elaborate on its position concerning the legality of the use of MCC facilities for political purposes. Minivan News was informed by an LGA staff member that there was to be no further comment given today.

The legality of the use of council land has become the focal point in the dispute between the MCC and the central government.

The most recent development in the long-running dispute came on June 7 when the government filed a request with the Civil Court, requesting an order for the MCC to hand the Usfasgandu area over to the Housing Ministry.

The ministry first announced its intentions to reclaim the site on April 9 should the MCC fail to dismantle the Maldivian Democratic Party’s (MDP) protest camp.

The government argued that the leasing of the land to the MDP for political purposes was in contravention of the decentralisation act. After the MCC refused to accept this interpretation of the law, the cabinet informed the MCC on May 9 that it was entrusting the Housing Minister to reclaim the area.

The situation escalated once more on May 29 after the government obtained a warrant from the Criminal Court to search the area after the Home Minister Dr Mohamed Jameel Ahmed had alleged complaints of illegal activity in the area. Among the purported misdemeanours listed on the warrant was “suspected black magic performed in the area”.

The security forces began to dismantle the camp before the MDP obtained an order from the Civil Court to halt the process.

The MDP, which enjoys a majority of seats in the MCC, has also been using Male’ City Hall, the council’s main office, for party press conferences in recent weeks.

Under the Decentralisation Act, the LGA is empowered to file suit with the High Court to dissolve the council. One of the situations detailed as warranting such action is the misuse of council’s faciltities.

Article 140 of the constitution states that a member of the cabinet must be assigned responsibility for each of the non-independent government authorities. The Home Minister currently fulfils this role.

*These details have been taken from an unofficial translation of the act.

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DQP alleges MDP involvement in judicial obstruction

The Dhivehi Qaumee Party (DQP) led by former Attorney General Dr Hassan Saeed has today issued a statement condemning the alleged attempts ”of the ruling” Maldivian Democratic Party (MDP) to obstruct the judicial system and threaten judges.

The party said in a statement that the alleged action of some MDP MPs within protests that barred entry to Male’s Justice Building was a constitutional violation. The protests had been held in opposition to a ruling by the Civil Court that Addu Atoll did not fulfill criteria to be considered a city.

”By the hard work of the citizens, the judges have become independent according to the new constitution. And we call on the police and the chief justice to take immediate actions against those who attempt to obstruct the judicial system,” the DQP said in the statement. ”This is an additional circle to the series of attempts by the MDP’s government to challenge the constitution, obstruct judicial administration, mock the judges and to create civil unrest.”

The DQP said it was the lawful duty of the police and the Maldives National Defence Force (MNDF) to uphold the constitution ”as you have swore by god to uphold the constitution.” The party also called for police and the MNDF to take action against those trying to influence and threaten the judiciary.

The criticisms made by the DQP follow similar claims made this week by the People’s Alliance Party (PA), which is led by Abdulla Yameen Abdul Gayoom, has today condemning attempts to ”influence and threaten the judiciary”, following the protests in Male’.

A PA statement said “reasonable grounds” existed to believe that there were political links in the attempts to block entrance to the cour, based on media reports comments made by MDP MP Alhan Fahmy that Adduans ”would not let courts in Addu open.”

Some Maldivians have reacted in anger to the Civil Court’s ruling that the Local Government Authority established by the government to determine the criteria of cities was incomplete and that the Local Government Authority’s determination that Addu meets the requirements to become a city was invalid.

This resulted in similar protests to those seen in Male’ also being held in Addu Atoll, where people allegedly chain locked the main door of Hulhudhoo court.

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