Tag: MDP

JSC’s transfer of superior court judges termed “unlawful” by Chief Justice

Chief Justice Ahmed Faiz Hussain has stated the Judicial Service Commission (JSC)’s transfer of superior court judges to other courts is unlawful.

Following the JSC’s decision to transfer Judge Abdulla Mohamed from his post as Criminal Court Chief Judge to the same position in the Drug Court on Monday, Faiz sent a letter to the president of the judicial watchdog Adam Mohamed on Tuesday stating that the commission did not have the legal authority to carry out such transfers.

Faiz subsequently deemed such decisions made by JSC to be “unlawful”.

The letter states that although Article 159(a) gives the JSC the authority to appoint, promote or transfer judges other than those from the Supreme Court, it “must not be interpreted as an absolute right”.

He then stated that the Judges’ Act mandates any transfer of a judge from his appointed court can only be carried out following deliberation with the Judicial Council.

The Judicial Council, meanwhile, is compiled of the seven judges sitting on the Supreme Court bench. Faiz stated in his letter that no judge should be transferred without consulting the Supreme Court first.

The Senior Legal and Complaints Officer Hassan Faheem Ibrahim – acting head at the JSC – confirmed to Minivan News that the commission had received the letter today.

“Since it is the Chief Justice who has sent this letter, we will not have any views on it or comments to make about it. It is the commission who will decide after they have deliberated on the matter. No meetings for the matter have been scheduled yet,” Faheem said.

Article 159(a) of the Maldives Constitution states that “The Judicial Services Commission is entrusted with the responsibility and power to appoint, promote and transfer Judges other the Chief Justice and Judges of the Supreme Court, and to make recommendations to the President on the appointment of the Chief Justice and Judges of the Supreme Court.

Article 49 of the Judges’ Act refers to temporary transfer of judges from one court to another and states “Temporary appointment of a Judge to preside over cases in a court will be decided upon by the Judicial Services Commission under the advice of the Judicial Council”.

Speaking to Minivan News on Monday, appointee from the Parliament to the JSC, Maldivian Democratic Party MP Ahmed Hamza said that about eight judges have so far been transferred from the courts they previously presided over. He added that the decision to transfer Judge Abdulla Mohamed was made to strengthen the courts by transferring experienced judges to different courts so as to spread knowledge and expertise.

Judge Abdulla Mohamed has previously been under investigation from the JSC, for allegations of ethical misconduct and obstruction of corruption investigations among others.

The decision of President Mohamed Nasheed to detain Mohamed in January 2012 fuelled a series of protests by then-opposition political parties, eventually leading to a police and military mutiny and Nasheed’s resignation.

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Supreme Court questions MDP Lawyer Hisaan Hussain over alleged contempt of court

The Supreme Court has questioned opposition Maldivian Democratic Party’s (MDP) lawyer Hisaan Hussein today for alleged contempt of court.

On September 24, the Supreme Court suspended Hisaan from defending the Elections Commission (EC) in the apex court’s hearings into a case filed by Jumhooree Party (JP) to annul the first round of presidential elections held on September 7.

The Supreme Court letter posted by Hisaan at the time stated that she had been barred from appearing before the court as her remarks “in the media as well as social media” had allegedly “diminished the dignity” of the court and were under investigation.

The letter also accused Hisaan of criticizing a Supreme Court order to delay the second round of polls until a verdict in the vote annulment case is issued.

The MDP’s Hassan Latheef and Election Commission’s (EC) Husnu Suood were also suspended.

Expressing concern over the Supreme Court’s investigation, Hisaan said: “It is deeply concerning when a court investigates lawyers. The constitution guarantees freedom of speech to all citizens without discrimination.”

Hisaan said she had told the Supreme Court that she respects the court system and that she had not disrespected the courts in any manner.

The Supreme Court had told her they would summon her later to sign her statement, she added.

The Supreme Court annulled the September 7 polls based on a secret police document that the EC was not allowed to respond to and issued several guidelines dictating the electoral process. The EC has criticized the guidelines as “restrictions” that limit the EC’s powers.

EC President Fuwad Thowfeek has also slammed the evidence used by the Supreme Court to annul the vote as “baseless.”

Meanwhile, the UN has conducted an expert UN review of the secret police report and said the September 7 poll was “all inclusive, there was no disenfranchisement and the quality of the voter register met international standards.”

UN Assistant Seceretary General for Political Affairs Oscar Fernandez- Taranco joined the UN High Commissioner for Human Rights Navi Pillay in expressing deep concern over the conduct of the Supreme Court.

Several MDP MPs are currently on trial for contempt of court. The Criminal Court held a hearing yesterday against MP Imthiyaz ‘Inthi’ Fahmy for alleged contempt of court.

Fahmy’s lawyer Masthoor Husny said the regulation criminalizing contempt of court had expired in 2011.

Private broadcaster Raajje TV is also under investigation for criticizing the Supreme Court.

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MP Imthiyaz Fahmy charged with contempt of court under expired regulation

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy is being tried for contempt of court under a regulation that expired in 2011, the MP’s lawyer Masthoor Husny has said during a Criminal Court hearing today.

The Prosecutor General’s Office is charging Fahmy for comments criticizing the Supreme Court during a Raajje TV program called “Fala Suruhee” (Headlines).

Police have asked the PG to try MDP MPs Alhan Fahmy, Mohamed ‘Bonda’ Rasheed, Ali Waheed and ‘Reeko’ Moosa Manik on the same charges.

Husny cited Article 19 and 59 of the Constitution ratified in 2008 which states that a citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shariah or by law and states that no person shall be found guilty of any act or omission.

The regulation criminalising contempt of court was to expire with the ratification of the new constitution.

But the People’s Majlis voted at the time to extend the validity of several regulations until the government is able to submit new laws that are streamlined under the new constitution.

However, in 2011, when the regulations were up for yearly review, the Majlis failed to extend the validity of the regulation criminalising contempt of court.

The hearing was adjourned today when the state prosecutor requested more time to review the matter.

Meanwhile, MP Hamid Abdul Ghafoor has returned home after four weeks of refuge inside the People’s Majlis to evade Criminal Court summons issued in violation of the Parliamentary Privileges and Powers Act.

The Criminal Court then sentenced Hamid to six months in jail in absentia for disobedience to order.

The MDP had pledged to ‘clean the judiciary’ following a series of sex tapes in which Supreme Court Justice Ali Hameed appears to be having sex with several foreign women in a Colombo hotel room.

The MDP has also condemned a series of controversial Supreme Court rulings annulling the first round of presidential elections held on September 7 and the stripping of parliamentary seats of MDP MP Ali Azim and MDP aligned DRP’s Mohamed Nashiz.

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MDP turns focus to local council elections

The Maldivian Democratic Party (MDP) must present its vision of functioning city, atoll and island councils to the public ahead of the local government elections on January 18, former President Mohamed Nasheed said last night at the opposition party’s first post-election rally.

Speaking to thousands of supporters at the carnival stage area in Male’, Nasheed noted that the chapter on decentralisation in the constitution was added by the MDP while others insisted that it conflicted with the Maldives being a unitary state.

“Maldivian rulers should not think after this January that they could govern without city councils, atoll councils and island councils,” Nasheed said.

While the People’s Majlis has oversight powers to hold the government accountable, Nasheed said it was the councils that “directly provide services to the public.”

The purpose of decentralised administration was to bring the government “closer to the people,” he said, adding that the MDP government worked closely with the councils elected in February 2011.

The MDP’s vision for city and island councils should be based on the experience of the past three years, he said.

Nasheed referred to the signing of a waste management contract with India’s Tatva Global Renewable Energy earlier this month.

The contract should have been signed in February 2012 but was delayed by the previous administration, he continued, which worsened the waste disposal problem in the capital and deprived the city council’s waste management section of necessary investment.

The former MDP presidential candidate expressed confidence of winning the council elections against the parties in the government coalition.

Nasheed observed that the MDP won clear majorities in the presidential election from urban centres such as Male’ City and the southernmost Addu City as well as a plurality of votes in most other constituencies.

As the party would win against more than one candidate from different parties, Nasheed said the MDP should assume that government-aligned parties would field single candidates.

“We must face this contest on our own, with our own courage,” he said.

“MDP is a ship for all seas,” Nasheed said, adding that the party was equally fit for governance and opposition.

Nasheed vowed that the MDP would hold the present administration answerable and watch over its actions “every minute of every day.”

The party would keep citizens informed, he added, asserting that the country could “no longer be governed through deceiving the public.”

“Freedom of assembly and freedom of expression must be defended even with our lives. We have to maintain this system that we’ve got,” Nasheed said.

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No confidence motion against Speaker disqualified

A no-confidence motion submitted by the Progressive Party of the Maldives (PPM) against People’s Majlis Speaker Abdulla Shahid was disqualified while it was being debated on the parliament floor on Thursday.

According to the Parliament’s Standing Orders, a no confidence petition must have the support of 15 MPs. Today’s motion was disqualified when two of the 15 MPs who signed the petition withdrew their signatures while the debate on the motion was ongoing.

The two MPs were  Ahmed Shareef and Ibrahim Ameen.

Speaking to Minivan News, Shahid said the no confidence motion was a “baseless, judgmental and a reaction to the broader political divide in the country.”

“I feel once again, that the MPs have recognised my contribution in a very politically turbulent time,” he said.

The PPM tabled the motion claiming Shahid was an “obstruction in the maintenance of law and order” alleging he had violated the sanctity of the People’s Majlis, abused the powers of his position, challenged the Supreme Court’s orders and helped MDP MP Hamid Abdul Gafoor evade justice by offering him refuge in the parliament building.

In response, Shahid said he welcomed the no confidence motion as the current Majlis is the only parliament in Maldivian history where MPs were allowed to express or withdraw support for a Speaker.

Before the ratification of the 2008 constitution, it was the president who had the authority to appoint or dismiss the Speaker.

Noting that the Maldives’ presidential system mandates an active political role for the Speaker, Shahid said: “In the aftermath of a very tight political presidential election, it is expected that one or more political parties may have grievances against the Speaker.”

He said he had upheld the constitution and the Parliamentary Powers and Privileges Act, reminding the Majlis that they had passed the act with a two thirds majority after the president vetoed the bill.

Parliamentary privileges are not duty free cars or diplomatic passports, but the privilege to speak on behalf of the people without any fear, Shahid said and noted that several MPs were in jail when the special assembly to write the new constitution held a vote to select the Speaker of the constitutional assembly in 2005.

Every MP is an elected representative and as such Shahid had facilitated every MP’s right to represent their constituency and express the citizen’s views within the law, he argued.

Pointing to the Majlis refusal to hold sittings when President Mohamed Nasheed had arrested MPs Gasim Ibrahim and current President Abdulla Yameen Abdul Gayoom, Shahid said he had stood up for the rights of every single MP without regard to political party.

“I will not hold any enmity towards any of you for any action taken against me as I speak the truth,” Shahid said.

Shahid has been an MP since 1995 and had survived a no confidence motion submitted against him by the MDP in June 2012 with 45 MPs voting against the motion.

Shahid joined the MDP in April 2013.

The MDP has withdrawn a no confidence motion against Deputy Speaker Ahmed Nazim

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Former DRP leadership MPs Thasmeen, Visam join MDP

Former Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali and his wife Visam Ali joined the Maldivian Democratic Party (MDP) on Wednesday.

The DRP backed MDP’s Mohamed Nasheed in September after the MDP won 45.45 percent in the annulled September 7 presidential election. Thasmeen had contested as former President Dr Mohamed Waheed Hassan’s running mate, but the pair managed to get only five percent of the vote.

Speaking at a ceremony held at the MDP’s offices yesterday evening, Thasmeen said: “I believe in and have been working to establish modern democratic principles in the Maldives. When you look at the current political environment, MDP is the party that will implement democratic values that the citizens believe in, as well as bring growth and development in the Maldives.”

With Thasmeen and Visam, the MDP now has 35 MPs in the People’s Majlis.

MDP Parliamentary Group Leader Ibrahim ‘Ibu’ Mohamed Solih said Thasmeen and Visam joining MDP gives the party “a new strength” in holding President Abdulla Yameen Abdul Gayoom’s government accountable.

Thasmeen had contested the Maldives’ first multiparty presidential elections in 2008 as the running mate of President of 30 years Maumoon Abdul Gayoom. The pair lost to a coalition led by Nasheed who won with 53.65 percent of the vote.

Gayoom then resigned as the leader of DRP and handed over leadership to Thasmeen in 2009. At the time, the DRP was the largest political party in the Maldives and won majorities in the People’s Majlis elections of 2009 and the local council elections of 2011.

However, its strength declined when a faction of the party that continued to support President Gayoom split to form the Progressive Party of the Maldives (PPM) in September 2011. In April 2013, DRP MP and People’s Majlis Speaker Abdulla Shahid resigned from the party to join the MDP.

DRP’s deputy leaders and MPs Rozaina Adam, Ibrahim ‘Mavota’ Shareef and Mohamed Ramiz have also resigned from the party this week.

In a tweet on November 16, following the MDP’s defeat in the presidential polls, Rozaina said she would join the MDP to “continue to work for democracy, human rights, against torture and against a dictatorship.”

MP ‘Colonel’ Mohamed Nasheed has temporarily assumed the DRP leadership and has pledged to bring back “the party’s golden days.” Nasheed defected from the MDP to the DRP in 2012.

Nasheed said the DRP will hold a party congress within two months to elect a leader and deputy leader and added: “My responsibility is to save the party. My mandate is to expedite a congress and hand over the party leadership.”

At present, the DRP has 19,038 registered members, the PPM has 24,311 members and the MDP has 43,277 members.

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MDP withdraws no confidence motion against Deputy Speaker

Opposition Maldivian Democratic Party (MDP) has withdrawn a no confidence motion against Deputy Speaker  and Progressive Party of the Maldives (PPM) MP Ahmed Nazim.

The MDP and Dhivehi Rayyithunge Party (DRP) submitted no confidence motion with 35 signatures in October alleging Nazim was politically biased in carrying out his duties as Deputy Speaker.

Speaking to the press last night, MDP Parliamentary Group’s deputy Leader Ali Waheed said the party had decided to withdraw the motion as the MDP intends to be a responsible opposition party and to ensure calm in the country following the PPM’s win in the November 16 presidential polls.

Meanwhile, the PPM has also submitted a no confidence motion against Speaker Abdulla Shahid. The vote was scheduled for November 20 but has now been delayed.

In November, the MDP voted out then Attorney General Azima Shakoor and has also tabled a no confidence motion against Prosecutor General (PG) Ahmed Muizz.

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Thasmeen resigns as DRP leader

MP for Baa Kendhoo Ahmed Thasmeen Ali has resigned as the leader of the Dhivehi Rayyithunge Party (DRP) today.

The former running mate of both former Presidents Maumoon Abdul Gayoom and Dr Mohamed Waheed in 2008 and 2013, respectively, backed the Maldivian Democratic Party (MDP) candidate Mohamed Nasheed in this year’s presidential election.

Following his resignation, Thasmen told local media that he believes the development that the public wishes for could only be brought by the MDP.

A DRP council meeting was scheduled for later today to appoint an interim leader. The party’s charter or regulations stipulates that a new leader must be elected within 60 days.

Local media reported that MP ‘Colonel’ Mohamed Nasheed has been nominated as the interim leader.

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MDP MPs call on government to fulfil pledges as budget debate begins

The parliamentary debate on the budget proposed for 2014 began today with MPs of the opposition Maldivian Democratic Party (MDP) calling on the newly-elected coalition government to fulfil its campaign pledges.

MDP MP Ali Waheed urged the new administration to submit its legislative agenda to parliament and incorporate its policies in next year’s budget.

“Very big promises have been made to the people. Our grandmothers and grandfathers want MVR5,000 (US$325) in their accounts at the end of this month, MVR5,000 each, so total MVR10,000 if it’s a couple.

“Each of our citizens want a doctor in our homes at the end of the month [as pledged by the PPM]. They are clearing out the room intended for the guesthouse for the new doctor. Our fishermen are expecting MVR10,000 a month subsidies (US$650). Fishing is not too good right now,” he said.

Referring to the Progressive Party of Maldives’ (PPM) pledges to raise the old age pension and designate a doctor for each family, Ali Waheed said the opposition party would vote for a budget that reflected the campaign promises.

“Our responsibility is to be the people’s eyes in this Majlis. People want us to watch over and hold this government accountable,” the MDP deputy parliamentary group leader said.

Most MPs suggested that the new government should be able to submit a revised budget based on the PPM manifesto.

Speaker Abdulla Shahid explained that amendments brought to the Public Finance Act stipulates that the budget must be submitted by the end of October. Parliamentary rules however allow the government to “include components of their new budget” through the Budget Review Committee, he said.

Reappointed Finance Minister Abdulla Jihad told local media today that the government did not plan to submit a supplementary budget or reduce recurrent expenditure but would propose changes to the Public Sector Investment Program (PSIP).

Jihad stressed that the proposed revenue raising measures should be approved by parliament to finance new infrastructure projects.

The measures include hiking T-GST (Tourism Goods and Services Tax) to 12 percent from 8 percent, revising import duties, deferring abolishing the tourism bed tax for one more year, raising the airport departure charge from foreign passengers from US$18 to US$25, leasing 12 islands for resort development and introducing GST for telecommunication services (currently exempt from the tax).

During today’s debate, MP for Shaviyani Kanditheemu, Mohamed Hussain, who left the Dhivehi Rayyithunge Party (DRP) in April and remains an independent, said there were “serious problems” with the budget and that 2013 was an “empty year” for his constituency.

None of the projects included in the 2013 budget for the islands he represent was carried out this year, he said, while some have been omitted from the 2014 budget.

Former President Dr Mohamed Waheed laid the foundation stones for a new school and mosque in Shaviyani Feydhoo in January, he added, but the projects did not commence and were not included in next year’s budget.

DRP MP Hassan Latheef, who represents the Hithadhoo south constituency in Addu City, said there were no projects for the southernmost atoll apart from establishing water and sanitation systems.

Latheef objected to only MVR45 million (US$2.9 million) allocated for Addu City, which he contended was disproportionate for a population of 32,000.

MDP MP Mohamed Riyaz meanwhile expressed concern with the PPM backtracking on its pledges, by claiming that campaign banners with these promises were put up by supporters rather than the party itself.

Pro-government MPs

PPM MP Abdul Azeez Jamal Abubakur appealed for new sources of revenue and cost-cutting measures to be included in the budget.

Azeez also noted that projects in the 2013 budget for his constituency in Laamu Maavah did not proceed and have been omitted from next year’s budget.

PPM MP Ahmed ‘Redwave’ Saleem urged the government to reduce MVR2 billion (US$129 million) from recurrent expenditure, which accounts for 73 percent of government spending.

PPM MP Abdulla Raheem Abdulla meanwhile thanked opposition MPs for assuring their assistance and cooperation to the new administration.

The PPM deputy leader also said that the budget had to be revised for the PPM to deliver on its campaign pledges. He added that the government would provide the financial benefits that were promised.

“The budget has to be prepared in a way that we can fulfil the promises,” he said.

Several MPs expressed concern with the high recurrent expenditure compared to capital investments. While the projected revenue for 2014 is MVR13.9 billion (US$901 million), recurrent expenditure – wages, subsidies and administrative costs – stands at MVR12 billion (US$778 million).

The budget deficit is estimated to be MVR988 million (US$64 million) or 2.5 percent of GDP, according to the Finance Ministry.

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