Tag: MDP

EC maintains impossibility of expedited election after government request

Elections Commission (EC) President Fuwad Thowfeek has told Minivan News he does not believe it is possible to expedite the fresh round of presidential elections – currently scheduled for November 9 – despite requests to do so from the government and the three presidential candidates.

The candidates held a meeting on Sunday evening, agreeing to ask the EC for a November 2 poll. The EC, however, rejected the request stating that the commission does not have the facilities to do so in such a short period of time.

Vice President Mohamed Waheed Deen held discussions with the EC today (October 29), requesting – on behalf of the government – that the election date be brought forward.

Meeting at the EC offices, in addition to asking for an expedited poll, Waheed Deen enquired as to whether the EC needed further support to go forward with early elections.

“I have come here today to ask the EC what the government can do for them, whether we need to empty out some state institutions and give the EC extra space, or find more staff members for them,” Waheed Deen is quoted as saying to local media.

The Vice President is further quoted as saying that the commission members came across as being “very positive” in today’s meeting, and that they would get back to the government “very soon” with a list of what they require.

Waheed Deen further said that although he understands that there are some difficulties in bringing the polling date ahead from November 9th to the 2nd, he believed that it is possible to hold elections “somewhere around the 5th”.

President’s Office Media Secretary Masood Imad told Minivan News today that he has not received any information on the matter.

Earlier this afternoon, he was quoted in local media as confirming that the government had decided to give all possible assistance to the EC to speed up the preparations.

Masood was further quoted as saying that the government would like elections to be held in a manner which is in the best interests of the nation and to elect a president by November 11.

Earlier poll impossible, regardless of additional resources: Thowfeek

EC President Fuwad Thowfeek, however, feels that there is no possibility of bringing the date forward regardless of the support promised.

“In today’s meeting, we did provide them with all possible information that they requested for. However, since this is something we do together with the citizens, I do not believe it will be possible to bring the polling date forward, despite the offer to provide us with more resources, funds, equipment or manpower,” Fuwad told Minivan News today.

The EC announced November 9 as the date for a fresh first round of elections after the police forcibly brought a Supreme Court ordered re-vote to a halt on October 19.

The commission said then at the timea that if a second round was necessary, it would be held on November 16, 5 days after the date constitutionally mandated date for the swearing in of a new elected president.

At the time, EC President Fuwad Thowfeek said that the commission had held discussions with the president, the cabinet, and political parties on the earliest possible date for a new election before deciding on the date.

“We have said, when we get to a certain point, when a certain party doesn’t do what they must do, it should not affect the entire election. If that is the case, we will never be able to hold an election,” he said then, referring to the police obstruction of polls after Progressive Party of Maldives candidate Abdulla Yameen and Jumhooree coalition candidate Gasim Ibrahim failed to sign on the voters’ registry as mandated by the Supreme Court’s 16 point guideline.

“They assured us that they will not allow for these kind of obstructions in the upcoming election. Ministers have given us commitment that they will find a solution and facilitate this. That is why we have started work again.”

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Police unable to summon MP from refuge in Majlis

Additional reporting by Zaheena Rasheed

The Criminal Court cancelled this morning’s hearing into the case of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor who is being charged with refusal to provide a urine sample.

The Police told the Criminal Court they are unable to summon Ghafoor as per the arrest warrant because the MP is  currently residing within the inviolable premises of the People’s Majlis.

In reply to a police request to detain Ghafoor, the Majlis Speaker Abdulla Shahid, in reference to Article 11 of the Parliamentary Privileges Act, told the police an MP cannot be summoned to court when Majlis sittings or parliamentary committee hearings are scheduled.

The speaker warned such an act is punishable by law, stating: “Any act that violates the People’s Majlis immunity, honor and functioning and committed in contravention to the [Parliamentary Powers and Privileges] Act will breach the Majlis privileges.”

He also stressed that the time at which today’s trial was scheduled is the normal time parliament sittings have started every day since May this year.

Last Thursday, the Criminal Court issued a warrant to arrest and summon Ghafoor to the court, but the MP took refuge in the parliament building on the same day. Ghafoor is also being charged with possession of alcohol. He was arrested along with MDP MP Abdulla Jabir and eight others on Hondaidhoo Island in November last year

Speaking to Minivan News on Sunday inside the Majlis courtyard, Ghafoor said the courts were on “a personalized hunt” for him, and were not following due process.

Investigations into the case had been concluded a year ago. But the trial was suddenly being fast tracked to influence the MDP’s current majority in parliament, he alleged.

The Supreme Court on Thursday stripped MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats, though the Parliamentary Privileges Committee said they do not accept the “politically motivated” ruling.

When Azim attempted to attend Saturday’s parliamentary sitting, the Maldives National Defense Forces (MNDF) – in absence of instruction from the Speaker – stormed the building, removing Azim from the Majlis premises and turning him over to the police. Azim is currently being detained for allegedly assaulting an MNDF officer.

The police had previously arrested Ghafoor on October 7 to produce him at court.

“I’m being hunted by a corrupt judiciary”

“I’m not dealing with a court. I’m dealing with thugs. They have got armed people to produce me in court. There are no procedures. No norms,” said Ghafoor.

Recounting his treatment on Hondaidhoo Island on November 16 2012, he said that black clad police had stormed a private island, swimming onto the island’s beaches from the ocean at 4:00 am.

“They had lights on their foreheads so we could not see their faces. They came up from behind us, handcuffed us and threw us to the ground. They pushed our faces in the sand and kicked us with their boots,” Ghafoor said.

The Police Integrity Commission (PIC) launched an investigation into police conduct on Hondaidhoo Island and found the police guilty of assault of MPs Jabir and Ghafoor.

In August this year the PG filed charges against Jabir, Ghafoor and a person identified as Jadhulla Jameel, with smuggling alcohol into the country, consuming alcohol, objecting to urine testing and possession of cannabis. Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

If found guilty, Ghafoor and Jabir will be disqualified from their parliamentary seats.

Ghafoor said there was no other place but the parliament building for refuge, though he said he did not feel safe even at the Majlis. The MNDF storming of the Majlis to arrest MP Azim suggests they may do the same to him, he claimed.

“I am willing to stay here until the judiciary is destroyed. Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” he said.

He spends his days reading and doing parliamentary work. His family and supporters visit him often and bring him evening tea and dinner.

“My party has been very good to me. I am always accompanied by my party’s MPs. Since I came here, I’ve been left alone only for an hour during Friday prayers. My family and supporters bring me food. I get food enough for ten people. I know they are with me,” Ghafoor said.

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No-confidence motion delayed after Attorney General calls in sick

Speaker of Parliament Abdulla Shahid has postponed the no-confidence motion against Attorney General (AG) Azima Shakoor, initially scheduled for today (October 28).

According to Majlis officials the speaker made the decision to delay for two days after Shakoor informed him that she was unwell and not able to attend the parliament session.

Article 101(b) of the constitution states that cabinet members must be given at least fourteen days notice of any debate concerning no-confidence motions against themselves, and that the individual has the right to defend themselves – both verbally and in writing – in the sittings of the People’s Majlis

Parliament received the motion on September 25, with the ensuing notice to the AG being delivered on October 1.

The motion has now been rescheduled for October 30.

Cabinet members against whom no-confidence motions are raised are allowed to sit in in the parliamentary debate on the matter. At the sitting, they are given the opportunity defend themselves against the claims raised.

An official from parliament stated that it was the cabinet minister’s decision whether or not they used the opportunity to defend themselves. He said that,while the parliament could proceed with the motion even though the minister is unable to attend, it is at the discretion of the speaker to decide to postpone the motion.

Parliament Speaker Abdulla Shahid and Consul General Fathimath Filza were not responding to calls at the time of press.

The no-confidence motion was submitted to the parliament on September 25 with the signature of 26 Members of Parliament (MPs) – 16 more than is stipulated in the constitution’s article 101(a).

The opposition Maldivian Democratic Party (MDP) previously decided to pursue a no-confidence motion against the AG during a contingency meeting of the party’s National Council on September 20 .

During the debate, MDP MP Ahmed Sameer announced that the party’s parliamentary group had prepared a no-confidence motion against the AG, contending that she had neglected her duties and had advocated on behalf of a political party against the Elections Commission (EC), a state institution.

Meanwhile, Progressive Party of Maldives (PPM) Parliamentary Group’s Deputy Leader Moosa Zameer at the time said that the party would not support the removal of a former council member of the party.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which has pledged support to MDP presidential candidate and former President Mohamed Nasheed in the upcoming election – the MDP would have enough votes in parliament to pass the no-confidence motion.

AG Shakoor was approved to her post by 38 votes in favour in parliament on July 31, with 31 MPs having voted against.

Formerly the lawyer for PPM leader and former president Maumoon Abdul Gayoom, Shukoor was initially appointed AG by sitting President Dr Mohamed Waheed after the controversial transfer of power in February 2012.

She was later reassigned as Minister of Family, Gender and Human Rights – an appointed which subsequently failed to gain the approval of parliament, before the President Waheed re-appointed her to her former position as AG.

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November 2 election date not possible: Elections Commission

The Elections Commission (EC) has this morning said that expediting the presidential polls by one week is not possible after all three candidates requested the election be moved from November 9 to November 2.

The EC has said that the commission lacks the facilities to do so in such a short period.

Speaking to the press outside the EC, Maldivian Democratic Party (MDP) candidate and former president Mohamed Nasheed said that the three candidates would nevertheless continue to discuss concluding the presidential elections by the end of the current presidential term on November 11.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen also said he had not yet given up hope.

Yameen had requested a meeting with Nasheed and the Jumhooree Party (JP) candidate Gasim Ibrahim at 10:00pm last night after the People’s Majlis passed a resolution to hand over the presidency to the Majlis Speaker – MDP MP Abdulla Shahid – in the absence of a president-elect by November 11.

The PPM and JP had boycotted the Majlis vote, but the resolution passed with the support of 39 MDP and Dhivehi Rayyithunge Party (DRP) MPs.

Speaking to the press outside Traders Hotel last night, Yameen said the three candidates had wanted an elected president to be sworn in at the end of the current presidential term on November 11.

“The most important matter we agreed on was to meet the Elections Commission tomorrow to ensure this election is transparent, credible and acceptable to all citizens. The first aspect of that is to expedite the date for the first round. If the elections [commission] can do it, to hold the election on next Saturday, [November] 2. Along with that, the second round, at the latest on November 9,” Yameen said.

He reiterated that the voter registry must be acceptable to all parties. He claimed the voter registry could be compromised as it was maintained electronically.

The candidates had asked the EC to start verification of re-registration forms immediately and to revise its work plan to hold elections by November 9.

“All of us three candidates want the election to be a fair decision by all citizens. To ensure we do not have to go to the courts again. We will not be unreasonable in this matter. Nasheed, Gasim and Yameen want this list to be accurate,” he said.

Current schedule, past record

According to EC timeline, a draft of the final voter list is to be publicized on November 1 and 2 and re-registration forms will be sent to the Department of National Registration on November 3 for verification.

The voter registry will be finalised, printed and sent to presidential candidates on November 4. Candidates will be asked to sign the voter lists on November 5 and 6.

Qasim said the three candidates will give the EC as much leeway as possible in expediting elections.

“We agreed, on November 11 an elected president must be sworn in. The three candidates [agreed] to give the Elections Commission as much leeway as possible while upholding the basic principles of the Supreme Court,” he said.

Expressing support for an election on November 2, Nasheed said he hoped two rounds of the presidential election are held before November 11.

“We spoke and agreed not to view each other with hatred, or think the other to damage the other, not to take that path, to do what we can to facilitate the development of the nation for the citizens,” Nasheed added.

The November 9 poll is the EC’s fourth attempt at holding presidential elections. The JP sought a vote annulment at the Supreme Court after narrowly placing third in the first round of presidential elections held on September 7.

With the Supreme Court verdict pending as the second round of elections approached on September 28, the EC decided to proceed with polls. However, the Supreme Court issued a midnight injunction ordering police to halt elections preparations.

Shortly afterwards, on October 7, the Supreme Court annulled the September 7 polls, citing widespread electoral fraud despite unanimous domestic and international observer praise of a free and fair electoral conduct.

The apex court ordered a revote by October 20 and delineated 16 electoral guidelines for including obtaining candidates signatures on the voter registry and obtaining police help in dispatching ballot boxes and papers to polling stations.

However, the EC was unable to proceed with polling after police forcibly halted the election at the eleventh hour following the government’s refusal to facilitate polls without the PPM and JP having approved the voter registry.

The PPM and JP have accused the EC of fraud and have called for members to resign.

In an interview with Television Maldives (TVM), EC president Fuwad Thowfeek said the EC requires at least 21 days to hold an election. Fuwad said he could not ask his staff to work like “pharaonic slaves” again.

“The Elections Commission believes it will take us 21 days to hold an election at the earliest. So if we start immediately, November 9 is the earliest date, with a shortened time frame for tasks,” he said.

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Parliament approves MDP proposal for speaker to assume presidency after November 11

Parliament today approved a proposal by the Maldivian Democratic Party (MDP) parliamentary group leader Ibrahim Mohamed Solih for the speaker of parliament to assume the presidency in the absence of a president-elect by midnight on November 10.

Today’s sitting was held in response to a letter to Speaker Abdulla Shahid from President Dr Mohamed Waheed requesting parliament “to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term [on November 11].”

As a possible second round of the presidential election has been scheduled by the Elections Commission (EC) for November 16, President Waheed’s letter (Dhivehi) noted that “there is a possibility there might not be a president elected in accordance with article 111 of the constitution.”

Solih’s proposal, seconded by MDP Chairperson and Hulhuhenveiru MP ‘Reeko’ Moosa Manik, was passed with 39 votes in favour and one abstention. MPs of the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) did not participate in the vote, claiming that the proposal was unconstitutional.

In the event that a new president is not elected by November 11, the motion states, “The Speaker of Parliament shall carry out the duties of the President until a person can be elected to the office.”

As interim president, the speaker “shall have all powers granted to the President by the constitution.”

The motion added that if the speaker cannot assume the office, the duties shall pass to the deputy speaker. If both are unable, a member of parliament elected by a resolution shall assume the presidency.

Moreover, the motion stipulates that a presidential election and, if necessary, a second round run-off election should take place within 21 days of the speaker assuming the role of caretaker president.

The new president-elect and vice president-elect must take the oath of office no more than 18 hours after the EC announces the official results of the election.

A second motion proposed by MDP MP Ali Waheed to grant authority and discretion to the speaker to expedite decisions required by parliament “to prepare for  the interim period” was passed with 37 votes in favour, two against and one abstention.

Speaker Shahid joined the MDP in April.

“State of necessity”

Article 124(b) of the constitution states, “In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.”

During today’s parliamentary debate, PPM MPs contended that the Speaker cannot assume the presidency without amending the constitution as there was no constitutional provision for the state of affairs in the absence of a president-elect after the expiry of the five-year presidential term.

Dhivehi Qaumee Party MP Riyaz Rasheed said if parliament passed the MDP’s proposal, he would file a case at the Supreme Court to invalidate it.

JP MP Ilham Ahmed meanwhile proposed that the military should take over if presidential elections are not concluded by November 11.

As the constitution states that the security services are established “to enable all Maldivians to live in peace, security and freedom,” Ilham said he believed executive powers should be handed to the security services, consisting of the police and military.

The JP deputy leader added that he could see “as clear as broad daylight” an impending takeover “by the benevolence of Allah.”

PPM MP Ahmed Shareef recommended referring the matter to the Supreme Court for legal advice, while MP Ali Arif declared the PPM’s support for President Waheed remaining in the post after November 11.

Speaking at a rally on Friday night, PPM presidential candidate Abdulla Yameen reportedly said it would be “irresponsible” for President Waheed to resign before a new president was elected.

The PPM parliamentary group leader called on President Waheed to remain in the post and cease making statements about resigning, adding that it was the PPM that “maintained your government.”

MP Arif noted that the Supreme Court stated in its judgment annulling the September 7 election that the current president could remain in the absence of a president-elect.

“If extra time beyond that given by the constitution is needed, under the principle of necessity, to complete a specific task as specified in the constitution, it does not necessitate the end of a legal government in place. That such a government will continue to exist under the doctrines of ‘state of necessity’ and ‘continuity of legal government’ under such circumstances is recognised by both constitutional and legal jurisprudence,” the Supreme Court stated in the case summary of its judgment.

Independent MP for Kulhudhufushi Mohamed ‘Kutti’ Nasheed said that the current administration could not continue after November 11, suggesting that a constitutional amendment was necessary to specify a process to be followed in the absence of a president-elect.

Nasheed cautioned that any motion or resolution passed by parliament in lieu of a constitutional amendment could be overruled by the Supreme Court. The independent MP abstained in both votes today.

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MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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MDP’s Hamed Abdul Ghafoor fails to attend court appearance, cites parliamentary privilege

Maldivian Democratic Party (MDP) MP Hamed Abdul Ghafoor reportedly failed to attend a court hearing today where he faces charges of refusing to provide a urine sample following suspicions of alcohol consumption.

Sun Online reported that Ghafoor’s legal representatives told the court he was unable to attend the 2pm hearing due to his presence in the People’s Majlis – therefore excusing his absence under parliamentary privilege.

During his last court appearance, Ghafoor denied he had been asked to provide a urine sample following his arrest on the island of Hondaidhoo last November, asking for the case to be thrown out.

Ghafoor allegedly failed to provide the urine sample after being arrested on the uninhabited island along with a group of MDP politicians and other senior political figures.  A number of those arrested with Ghafoor were charged with alcohol and drug possession.

In a case related to the same incident, the Prosecutor General’s Office had previously told the Criminal Court that it had 11 witnesses prepared to testify against Ghafoor, proving that he was in possession – and under the influence – of alcohol when arrested.

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Parliament approves MDP MP Ahmed Hamza to Judicial Service Commission

Parliament today approved Maldivian Democratic Party (MDP) MP Ahmed Hamza as the People’s Majlis’ representative to the Judicial Service Commission (JSC) with 43 votes in favour, 27 against and one abstention.

The MP for Faafu Bilehdhoo was approved after a proposal backed by pro-government Progressive Party (PPM) of Maldives and Jumhooree Party (JP) to appoint JP MP Ilham Ahmed to the judicial oversight commission was defeated 34-39.

Hamza’s name was proposed by Dhivehi Rayyithunge Party (DRP) MP ‘Colonel’ Mohamed Nasheed and seconded by MDP MP Eva Abdulla.

The opposition party’s success in approving its member to the JSC confirms a new-found majority for the MDP with the provisional support of the DRP, which is currently backing MDP presidential candidate and former President Mohamed Nasheed in the upcoming presidential election.

The MDP currently has 33 seats in parliament while the DRP has nine.

The 10-member independent judicial watchdog body meanwhile consists of three judges from the three tiers of the judiciary, the chair of the Civil Service Commission, the Attorney General, a member appointed by the president, the speaker of parliament, an MP approved by parliament, a member of the general public selected by parliament, and a lawyer elected by licensed practitioners of the legal profession.

The slot for the parliament representative was vacated after JP Leader Gasim Ibrahim accepted the loss of his seat in July after lawyers questioned the legality of a presidential candidate remaining in the JSC.

Article 10 of the JSC Act states that a member of the commission will automatically lose his seat in the event that they “file to contest in an election for any political position under the constitution of the Maldives”.

The newest member of the JSC, Ahmed Hamza, is an experienced lawyer and long-serving MP.

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“I do not want to stay in this position even a day beyond November 11”: President Waheed

President Dr Mohamed Waheed Hassan has said he does not want to stay on as President when his term expires on November 11, as uncertainty continues to hang over the possibility of holding an election after police forcibly stopped Saturday’s polls.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press today.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect. The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Waheed was Nasheed’s former deputy and took over power in February 2012 after Nasheed resigned following a police and military mutiny.

The Supreme Court and People’s Majlis must also be involved in deciding an interim arrangement, Waheed said and added that he does not know what to do should the country fail to elect a president.

“It is not me who will decide on an arrangement post November 11. It is not me who will decide that right? There are others who should shoulder the responsibility. I believe the Supreme Court and the People’s Majlis need to think about this,” he said.

The best way forward was to hold first round on November 2 and if necessary hold a second round on November 9, Waheed said. He has called on the Elections Commission and all presidential candidates to continue talks and come to an agreement on dates and solve the disputes over the voter registry.

Holding an election is not the government’s responsibility, but that of the EC, he repeatedly said. However, the government would not support an election in which majority of presidential candidates refused to contest.

Speaking of the police’s halt of Saturday’s election, Waheed said: “The government’s position was that the government could not support an election that all candidates could not participate in, in violation of the Supreme Court guidelines, an election only one candidate was to participate in. So police told the Elections Commission in writing that they would not support an election in violation of Supreme Court guidelines. Stopping support and stopping an election are very different.”

An hour before polls were to open on Saturday, police surrounded the Elections Commission and forcibly prevented it from proceeding with the scheduled election, stating that they would not facilitate an election in which all three presidential candidates refuse to sign the voter registry. Police had previously obstructed run-off elections due to be held on September 28.

EC President Fuwad Thowfeek has condemned police’s obstruction of elections and said the elections process must not be subject to the whim of candidates. Further, failure of PPM and JP to do what they must do does not mean citizen should be deprived of their right to vote, Thowfeek said.

However, Waheed said elections must only proceed on procedures agreed to by all candidates. At present the elections crisis was not a legal matter, but a political matter and hence must be solved through dialogue.

“I believe not everything can be solved legally. This is a political matter. So politicians must speak to each other, give in when they need to, and come to an agreement. When a date is fixed, [an election] can only succeed when all candidates agree and facilitate the process.

“I will say again, it is not in the interest of the Maldives to hold an election in which only one candidate can contest. The entire international community in the past year and half pressured me not to hold an election that President Nasheed cannot contest. Many parties tried to take action against President Nasheed. I am happy today that President Nasheed can contest. Similarly, President Nasheed has to be happy that other candidates can take part. President Nasheed should not take part in an election that other candidates cannot contest in. If he does so, we should question his moral principles,” he said.

“An election by force cannot be held in the Maldives. An election by force will only cause bloodshed. I will not allow that. To anyone. No matter what the international community says, and no matter what political parties say, my utmost responsibility today is Maldivian citizen’s security. So I will not allow that,” he added.

The United Nations, the Commonwealth, the European Union and several foreign governments including the United States, the United Kingdom and India have urged elections to be expedited.

Waheed said although he accepted advice from foreign organizations, it would be him who made the final decision.

“People of our country are not any less capable or less educated than those in other countries, even the Western countries. They cannot come and tell us what to do. We have lived in difficult places. More difficult places than that in which people who are coming to give lessons have lived in. I have lived. I know. The dangers and opportunities in the Maldives. We do things with the advice of others. The Commonwealth’s advice and other governments. But I will make the last decision. People will slander [me]. A lot of foul things have been said about me. There is none worse than me in the international media. But today, I must not consider what people are saying. I have to consider the country’s interests. To carry the country forward without any bloodshed.”

Waheed has appointed Defense Minister Mohamed Nazim as a mediator between political parties to solve the voter registry dispute, but said an agreement had not yet been found despite several attempts.

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