JSC appeals Civil Court injunction to halt appointment process

The Judicial Service Commission (JSC) has appealed a Civil Court injunction issued on September 8 to halt the appointment of judges to superior courts pending a ruling on the legitimacy of the process.

A group of lawyers had filed a case contesting the legality of the JSC’s evaluation criteria – contained in a regulation drafted by the commission – on the grounds that it conflicted with both the constitution and the Judges Act. The lawyers requested the Civil Court to abolish the regulations and declare the commission’s shortlist void.

The final interviews of 17 shortlisted candidates were due to place on September 10, two days before the injunction or staying order was delivered.

The lawyers also claimed that two shortlisted candidates had close ties – as a spouse and a business partner – with two members of the commission, suggesting a clear conflict of interest as neither had recused themselves from voting in the JSC panel.

At today’s first hearing of the appeal at the High Court, JSC Lawyer Mohamed Waheed Ibrahim argued that according to article 143(a) of the constitution the Civil Court did not have jurisdiction to rule on the constitutional validity of “any statute or part thereof enacted by the People’s Majlis.”

In addition, Waheed contended the Civil Court order violated articles 144(a) and 145(c) of the constitution as well as articles, 20(a) and (b), 36 and 37 of the Judicature Act.

Waheed further argued that the Supreme Court had set a judicial precedent by transferring a Civil Court case regarding the appointment of five judges to the High Court bench.

In January this year, Criminal Court Judge Abdul Bari Yoosuf at the Civil Court claiming to show procedural and legal issues in the JSC vetting process. Bari’s case was later entered into by Family Court Chief Judge Hassan Saeed as a third party.

On January 20 – three days before the judges were due to be sworn in – the Civil Court issued a temporary staying order halting the appointments pending a final ruling.

The Supreme Court however transferred the case from the lower court a day later and conducted two hearings before dismissing it without issuing a verdict.

Waheed also claimed that the JSC was not offered enough time to prepare a defence as the Civil Court issued its injunction or temporary staying order on the night the case was filed.

The JSC requested the High Court to overrule the Civil Court order and declare that the trial court did not have the jurisdiction to rule on constitutional matters.

In response, Husnu Suood, former Attorney General representing the group of lawyers, contended that the case filed at Civil Court was not exclusively about the constitutional validity of the JSC regulations.

Suood explained that the issue was “problems in ranking certificates” in the JSC evaluation criteria, which the lawyers argued unfairly favoured graduates of the Islamic College of Maldives (Kulliya). The case also alleged conflict of interest on the part of two members, Suood added.

Moreover, Suood continued, a November 2008 Supreme Court ruling established a precedent that it did not have “exclusive jurisdiction on constitutional matters”, referring to a case filed by eight MPs appointed by former President Maumoon Abdul Gayoom contesting their dismissal by President Mohamed Nasheed.

The Supreme Court had ruled that the case should have been filed at a lower court.

On the issue of the High Court appointments, Suood noted that there was no judicial precedent set as the Supreme Court had not issued a verdict before dismissing the case on a technicality.

Disputing the JSC’s claim that the Civil Court had informed the commission of its hearing after office hours, Suood noted that the JSC had issued press statements between 4:00pm and 8:00pm on September 8.

In addition, the lawyers now claim that based on statements by the JSC at the Civil Court hearing, the regulations were not valid as they were not published in the government gazette.

The High Court panel consisting of three judges adjourned today’s hearing after informing the lawyers that a second hearing would be held if there were further matters to clarify.

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Christchurch College at Oxford University to offer environmental studies scholarship to Maldivians

The Maldives High Commission in the UK has signed a memorandum of understanding (MoU) with Christchurch College at the University of Oxford to provide an annual scholarship for a Maldivian student.

The co-funded scholarship will be for one student to undertake postgraduate study in the field of Environmental Sciences, who would otherwise be unable to afford an Oxford education, with a place at Christchurch College.

In a statement, the Foreign Ministry noted that the scholarship “was initially discussed during President Nasheed’s visit to Oxford University in December 2010 and has now materialised into a wonderful opportunity for outstanding Maldivian students.”

“The scholarship will encourage Maldivians to study in the field of Environmental Sciences with a view to enhancing the Maldives’ capacity to manage the specific threats the country faces
from climate change. On completion of their studies the scholars will return to the Maldives with exceptional expertise in this field.”

The formal MOU with was signed at High Commission in London by High Commissioner Farahanaz Faizal, and Simon Offen, Vice President Christchurch Association and
Deputy Development Director.

Speaking at the signing ceremony, Dr Faizal said “this a momentous day for the Maldives as it represents a valuable opportunity for young Maldivians to gain access to a world leading institution, shaping the great minds of tomorrow.”

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UNDP to fund six part TV series on economic issues

The United Nations Development Programme (UNDP) and the Ministry of Economic Development (MED) have signed an agreement to run a six-episode TV programme focusing on national economic issues
from October 5.

The Maldives Economic Forum, or ‘Dhivehinge Igthisaadhee Sallaa’, aims to bring to the masses, economic policy analyses and discussion forums on topical economic issues, UNDP said in a statement.

“The aim of the discussions, lead by academics, experts, policy makers and practitioners, is to educate the masses on issues surrounding economic development, presented from an analytical and educational perspective using simple explanations and free from political partiality.”

The objective, UNDP stated, was to “Enhance dialogue and wider participation in the discussions of economic development issues in the Maldives, develop interaction and the exchange of information between the government and non-government agencies, private sector, academic institutions and other stakeholders working towards similar development goals in the Maldives.”

The first programme will be broadcast on MNBC One on October 5 at 11:00pm, and thereafter run weekly.

The economic issues to be discussed over the six different sessions include; Forum 1: Increasing the role of tourism in local livelihood development; Forum 2: Development of Micro, Small and Medium Enterprises sector; Forum 3: Role of saving and investment; Forum 4: Unemployment trends among youth; Forum 5: Women entrepreneurship and participation in economic activities; and Forum 6: Innovation.

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PPM Submits 3600 forms to Elections Commission

The Progressive Party of Maldives (PPM) has submitted 3600 forms to the Elections Commission, 600 more more than the amount required to register a political party.

Media Coordinator of PPM and MP Ahmed Nihan said there were many more party registration forms filled which had not been submitted today, so as to hasten the registration procedure.

“If too many registration forms are submitted at once it will take a long time for the Elections Commission to approve all the forms. We just want to hasten the registration procedure and finish it soon so we can get on with our next steps,’’ Nihan said.

Nihan claimed that “many Maldivian Democratic Party (MDP) members” and members from other parties have signed up for former President Maumoon Abdul Gayoom’s new party, PPM.

‘’The additional 600 forms were because sometimes due to information errors or other errors forms get rejected, so as a backup to replace any form that might get rejected,’’ Nihan said adding that he believes that “all forms are genuine”.

Nihan said today at the Elections Commission building none of the commission members showed up to meet the senior PPM figures, and said he regretted the incident.

‘’When some particular persons go to register a political party, the commission members take them to the hall and serves food and juice with a warm welcome. It is very unfair,’’ He said. ‘’It is we who appointed them for the commission and today the commission members were like a selfish soothsayer who pops his head out from the window when a normal person goes to see him.’’

He said that several parliamentarians and other senior figures in the PPM went today to the parliament to submit the relevant forms. Currently there were 14 MPs in the party and “very soon” the number would reach 20 or 21, he added.

President of the Elections Commisison Fuad Thaufeeq today told Minivan News that it was true that no commission member met with the PPM delegation.

‘’The commission has always treated all political parties equally and has applied the same procedure on all the parties, we always meet with senior officials of parties when the first 50 forms are submitted to the commission, and we met with senior officials from the PPM when they submitted the first 50 forms,’’ Fuad said.

Fuad explained that the forms will always be received by the staffs at the reception.

‘’The next time commission members meet with senior officials will be the day when the registration process is concluded and the 3000 forms are approved,’’ he said. ‘’That is the procedure we apply for all the political parties.’’

He said that the commission was free from influence and pressure and could not be pressured or influenced.

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MDP calls for “justice” for Maafushi deaths

The ruling Maldivian Democratic Party (MDP) has called for “just punishment” to be meted out to senior officials of the previous government culpable in the custodial death of Evan Naseem on September 19, 2003.

In a press release to mark the eighth anniversary of the watershed incident, the MDP noted that President Mohamed Nasheed had called on doctors to determine Evan Naseem’s cause of death before the death certificate was signed.

The MDP statement reiterated the party’s call for trials to be conducted against prison guards or National Security Service (NSS) officers believed to have tortured and abused inmates.

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Three men accused of Hoarafushi hostage murder face terrorism charges

The Prosecutor General (PG)’s Office today pressed criminal charges against three persons accused of murdering 61 year-old Hussain Mohamed after taking him hostage and robbing him on Hoarafushi in Haa Alifu Atoll.

Hussain, a prominent businessman known as ‘Hussainbe’, was found dead inside an abandoned house in September last year.

The PG’s lawyer told the judge that the three of them stole more than Rf 100,000 and US$1000 in cash but the three denied the charges, according to local media.

Police at the time said they believed that year-old Hussain Mohamed may have been murdered.

An official from the island office had told Minivan News that the body was discovered by the caretaker of the building that night.

“There were no injuries on the outside his body,’’ said the island official. ‘’He is from another island but has lived in Hoarafushi for a long time.’’

Local media reported that Manik’s hands were tied behind his back with rope, and that the body was lying on the ground in a prone position when discovered.

The island official said that it had rained heavily the previous evening, and that “nobody goes out in the rain. The streets would probably have been empty.”

The sale of oil in Hoarafushi in Haa Alifu ceased following the death of the prominent businessman.

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Amana Takaful seeking to “kick start” Maldives stock market with landmark IPO

Sharia-compliant insurance company Amana Takaful will issue 800,000 shares in an initial public offering (IPO) on the Maldives Stock Exchange (MSE).

In a first for the country, 20 percent of the shares will be made available to expatriates and 15 percent to overseas applicants. The remaining 65 percent will be offered to Maldivians.

The Sri Lanka-based company hopes to generate Rf16 million (US$1.4 million) in proceeds through the IPO, by selling shares at a low issue price of Rf20 (bundled in packages of 25).

Amana Takaful’s board of directors announced the IPO on Monday afternoon at the Nasandhura Palace Hotel.

CEO of Amana Takaful Maldives, Hareez Sulaiman, said the IPO would “change the way the Maldivian Stock Exchange operates as this will be the first time that Maldivians, expatriates and foreigners will be able to purchase securities in a Maldivian listed company.”

The decision to price the shares low “at a price affordable to any average Maldivian” also promised to “be a kick starter for an active stock market which may benefit the entire economy at large,” the company said in an accompanying statement.

The company expects the Sharia-compliant nature of its business to be a key attraction in the market, it noted in its prospectus, with the “growing religious awareness within the domestic market further reinforcing [Amana Takaful Maldives’] decision to embark on expanding its shareholder base in the Maldives.”

Globally, Director of Amana Takaful Osman Kassim, also chairman of the first licensed Islamic bank in Sri Lanka, Amana Bank, explained that Islamic finance was “a phenomenon worth 1.4 trillion and growing at a rate of 20 percent annually.”

It functioned, he explained, through the prohibition of riba, or interest.

“Taking a return without participating in the risk of the return is not allowed, be it 1 percent or 99 percent. Any additional revenue is riba,” he said. “Even if you give a loan and he gives a gift, and is not in the habit of giving a gift, that is also riba.”

Islamic finance in its current form emerged 40 years ago, Kassim explained, first in Egypt and the Arab Emirates.

“It promises to be a just system. Interest is oppression – the charging of something where nothing is due,” he said, noting that in the wake of the global financial crisis, “All major banks now have Islamic financing products, and the more adventurous have their own Sharia Councils.”

Certain terminology used in Islamic finance was now routinely used in normal banking, he said, also observing a rise in financial offerings that were all but labelled Sharia-compliant.

In its IPO prospectus, the company predicted strong potential growth on the back of a higher disposable income as the rufiya eased against the dollar, brought on by a “significant” decrease in the cost of imports.

The key areas of the Maldivian economy – fishing and tourism – had shown strong growth, the company noted. Tourist arrivals grew 18 percent in 2010, while bed nights grew 13 percent even as capacity grew by almost 3000 beds to roughly 24,000.

Fishing was a key area of interest to the company given the high number of insurables. The industry had registered a slight decline in productivity in recent months, the prospectus noted, but nonetheless annual fish purchases had increased 29 percent and fish exports by volume had risen fourfold. Higher prices had led to 77 percent increase in monthly earnings.

The company has set a target of 30-40 percent growth in the Maldives, identifying a key market as the local, atoll and city councils following the government’s policy of decentralistion.

“Considering the current trends in religious conciousness, it is generally believed that the level of awareness and preference for investing in Sharia- compliant investments would be greater at the grassroots level,” the company noted.

It also indicated its intention to offer a micro-insurance product in the Maldives targeting the expatriate market.

The IPO will open on September 20 and close on October 19. The company has pegged a minimum subscription of Rf 2.4 million (US$156,000) or 15 percent to proceed with the IPO.

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Two ton shipment of new five rufiya notes “routine”, says MMA

A shipment of newly-printed five rufiya notes brought in last week is part of a “routine” process and not intended to finance either the fiscal deficit or government expenditure, the Maldives Monetary Authority (MMA) has said.

According to a press statement issued by the MMA yesterday, the stock of five rufiya notes was running low and the new notes would be stored at the state treasury.

“This is routine work, every now and then we print different notes when the stock runs low,” explained MMA Executive Director Abdul Hameed Mohamed. “We print notes as often as is necessary. We are surrounded by water, fishermen handle it, it gets lost and sometimes we have to replace these old notes.”

Abdul Hameed stressed that the new notes would have “no effect on circulation” as it will be stored in the treasury and that there would be “no increase in the money supply.”

“As you know, the central bank in any country always prints money to replace damaged notes,” he said. “Replacing notes is something we do daily.”

Local media reported today that the shipment of new notes was brought in 40 boxes weighing 2.4 tons on an Emirates flight that landed on the morning of September 13.

“The MMA has brought in newly printed money while President Mohamed Nasheed has signaled that money might have to printed if the reduced amounts from civil servants salaries had to be given back,” reads a report on Sun Online.

Abdul Hameed speculated that “the only reason this has become news is because of the President’s remarks.”

In late 2009, the current administration ceased deficit monetization – printing money to finance the fiscal deficit – and the MMA introduced open market operations to mop up excess liquidity.

MMA Governor Fazeel Najeeb told press in August 2009 that printing local currency in previous years had led to the current dollar shortage as “there is too much rufiya chasing too few dollars.”

Prior to 2009, the MMA printed new money to issue loans and overdrafts to plug the expanding budget deficit – stoking inflationary pressures due to excess local currency in circulation.

Meanwhile in lieu of printing money and accumulating domestic debt, in December 2009 the new government began issuing US dollar denominated treasury bills to finance the deficit.

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Five parties contracted to conduct training programmes

Five private parties have been contracted to teach new skills to 645 youth under the government’s national training programme.

On Independence Day, July 26, President Mohamed Nasheed unveiled a massive Rf360 million (US$23 million) national programme with an ambitious target of training 8,500 Maldivians for skilled employment.

Haveeru reported today that an agreement was signed with Clique College to train 100 youth in front office management while training youth in welding was contracted to Clique College, Bayan Training Centre and the Maldives National Defence Force (MNDF). An addition to Male’, the training programmes will be conducted in Haa Alif Hoarafushi in the north and Gaaf Dhaal Thinadhoo in the south.

A third agreement was signed with Maldives Polytechnic, MNDF and the Centre for Career and Training Education (CCTE) to provide training in electronic wiring for 200 youth. The CCTE will also train 100 youth in heavy vehicle operations.

An agreement was also signed with Cyrix College to train 50 youth in digital animation while an additional 50 youth are to be trained in fish processing and quality control by Clique and Polytechnic.

The government has invited youth above 16 years of age to apply for the national programme. Participants will be given a Rf2000 a month allowance while undergoing training.

Application forms are available from the Polytechnics Institute and island councils.

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