Parliament reduces Supreme Court bench to five judges

The People’s Majlis has today amended the Judicature Act to reduce the seven-member Supreme Court bench to five judges.

The amendment proposed by opposition Maldivian Democratic Party (MDP) MP Ibrahim ‘Mavota’ Shareef passed with backing from the ruling Progressive Party of the Maldives (PPM) and its ally Maldives Development Alliance (MDA).

46 MPs voted in favor and 19 MPs voted against the amendment.

The MDP had issued a three-line whip against the proposal with opposition leader and former President Mohamed Nasheed claiming the amendment would allow President Abdulla Yameen to stack the bench in his favor.

Shareef himself voted against the amendment.

MDP MP ‘Reeko’ Moosa Manik – who has announced intentions to contest in the MDP’s 2018 presidential primary – voted for the amendment.

He previously described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

According to the amended Judicature Act, a Supreme Court judge can only be dismissed if the judicial watchdog body, the Judicial Services Commission (JSC), decides they are unsuitable for the position.

The JSC must then submit names of the judges to be dismissed within three days of the amendment’s enforcement.

Judges can only be dismissed by a two-third-majority vote of the Majlis. The amendment gives the Majlis a period of seven days to dismiss the judges. Judges who fail the vote will remain on the bench.

The PPM and MDA control a combined 48 seats in the 85-member house.

Three judges sit on the ten-member JSC. They are Supreme Court Judge Adam Mohamed, High Court Judge Abdulla Hameed and Superior Court Judge Mohamed Easa Fulhu.

The amendments also propose the establishment of two additional branches of the High Court in the northern and southern regions of the Maldives.

The two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.

The Supreme Court has recently been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary.  It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

Knaul’s report had detailed the pressing need for judicial reform, noting that the five-member transitional Supreme Court had been replaced by a seven-member permanent bench in 2010 with “no legal or constitutional basis”.

June this year also saw Judge Ali Hameed – a sitting judge at the Supreme Court – cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

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Custom built MWSC panels to arrive in the Maldives

A Sri Lankan Air Force flight is currently on its way to the Maldives from Singapore with custom built panels to replace the damaged panel boards connecting electricity generators and desalination plants at the Malé Water and Sewerage Company (MWSC).

The capital Malé was  plunged into crisis on Thursday (December 4) as a fire at MWSC gutted the desalination plant, leaving 130,000 people without running water, leading to the dwindling of bottled drinking water supplies.

Defense Minister Mohamed Nazim said the two boards will arrive in Malé tonight. Of the nine panel boards, five were functional on Monday and MWSC had started releasing water to households in two three-hour periods in the morning and at night.

However, residents living above the second floor of buildings have said they only receive water for a very short period of time. The MWSC has asked individuals to report issues with water leakages and booster pumps to send an SMS to 1050 with the client’s name and water meter number.

Previously, the government rejected an offer by the Indian government to provide technical assistance in fixing the panels, saying it is seeking assistance from countries that are more technologically advanced.

The government has today announced it has received US$ 5.5 (MVR 84 million) for the ‘Malé water crisis management fund.’

The crisis management fund – which has seen donations from several local corporations and foreigners – was set up by the government with an aim of collecting US$ 20 million (MVR 308 million) to repair the damages at the desalination plant and to fund relief efforts.

Notable local businesses such as Champa Group and Universal enterprises donated US$ 100,000 to the fund, while an unnamed Saudi Arabian donor provided US$ 1 million.

Telecomms company Ooredoo donated US$ 75,000 to the fund. Trans Maldivian Airways (TMA) and State Trading Organization (STO) have also donated funds.

Anti-corruption NGO Transparency Maldives called on the government to display more transparency in order to avoid “economic and political repercussions stemming from the water crisis”.

In a press statement, the NGO urged the government to provide a breakdown of the estimated US$ 20 million needed to overcome the crisis and how the government intends to spend it.

“Furthermore, the decision to seek donations from the public raises questions given that MWSC ins a private profit-making corporation with 80 percent government shares,” said Transparency Maldives.

An Indian flight is also due to arrive today with 50 tons of water while the INS Deepak supplied 400 tons of water straight to MWSC tanks on top of the 1250 supplied two days ago.

Indian High Commission said today that the water relief operations resumed on the request of the Maldivian government.

Opposition Maldivian Democratic Party (MDP) also criticized the fund stating that the government should only demand US$ 20 million after they have decided how it is going to be spent.

“Where is the money going to go to? Why have we not seen a breakdown on how the money is going to be spent? Will this be a new ring in the chain of corruption by the government?” questioned party Vice Chairperson Ali Niyaz.

Former President and opposition leader Mohamed Nasheed has also called for an inquiry into the fire, suggesting that the Danish government previously recommended keeping 21 days of water reserves in the capital.

Transparency  Maldives noted that the crisis had demonstrated “the interminable relationship between good governance and citizens’ right to essential human needs,”  and called for greater regulation of state-owned enterprises.

With 130,000 citizens of the capital left without water, the government has said it could take up to two weeks to fully repair the damage. President Abdulla Yameen has said that there could have been no back up plan for a “disaster of this magnitude”.

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PPM condemns MDP’s “unlawful” resolution for handover of presidency to JP Leader Gasim

The Progressive Party of Maldives (PPM) has strongly condemned a resolution adopted by the opposition Maldivian Democratic Party’s (MDP) national council yesterday calling for Jumhooree Party (JP) Leader Gasim Ibrahim to assume the presidency as an interim leader.

The ruling party slammed the move as “irresponsible and cowardly” in a press statement released last night.

“At a time when the government is carrying out swift efforts to resolve the water shortage in Malé, this party believes that the [MDP resolution] is an activity planned by the MDP leadership to cause loss of the country’s peace and security as well as the unity among Maldivians at this juncture,” read the statement.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.

The press statement praised the efforts of President Yameen’s administration and the ministerial task force to normalise the water supply crisis in the capital and declared the party’s “full confidence” in the president.

At an emergency session yesterday, the MDP national council voted 36-2 in favour – with four abstentions – of a resolution proposed by former President Mohamed Nasheed to back Gasim as interim president.

Nasheed contended that President Yameen has failed to perform his duties, was “ruling in absentia” and criticised his response to the ongoing water supply crisis.

The government has also failed to curb gang violence, he continued, noting that a 28-year-old man being stabbed to death the previous night.

Asked about the MDP’s resolution at a press conference yesterday, President Yameen said it was up to the people to change the government.

“Handing over the government to the Jumhooree Party leader or MDP’s leader has to be done when there is a vacancy for some reason,” he said.

“I don’t pay much attention to such talk by President Nasheed.”

Yameen claimed that the MDP government sold shares from the Malé Water and Sewerage Company (MWSC) to Japan’s Hitachi Plant Technology for US$16 million after buying it back for US$19 million.

Yameen said he had objected to the sale as an opposition MP at the time.

However, the Nasheed administration sold 20 percent of the company’s shares to Hitachi for US$16 million in January 2010 at US$ 305.90 per share.

In late 2008, the government bought back 24 percent of MWSC share’s from Denmark’s HOH Water Technology for US$19 million at the same share price.

Members of the MDP national council meanwhile noted that President Yameen was elected with the backing of Gasim and the JP.

After initially announcing that the party would remain neutral, the JP’s council decided to endorse Yameen three days before the second round of the presidential polls on November 16 last year. In the first round revote, Gasim had finished in third place with 23.37 percent of the vote.

However, the JP’s coalition agreement with the PPM was severed by the latter after Gasim stood for the post of parliament speaker.

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MDP calls on the government to hand power to JP leader Gasim

The Maldivian Democratic Party (MDP) has called on the government to hand over power to Jumhooree Party (JP) leader Gasim Ibrahim in light of recent events.

At the party’s emergency national council meeting, the council agreed to support a decree brought forward by former president Mohamed Nasheed urging the government changeover.

“The country is under a very dark cloud at the moment,” said former President Nasheed. “The president is not fulfilling presidential duties and ruling in absentia. So it is better for him to handover governance to Gasim Ibrahim.”

While presenting the decree to the members of the national council, Nasheed said that the government had failed in ensuring basic necessities for the people of the country and that President Abdulla Yameen should handover the government to Gasim since he was able to secure almost the same amount of votes in the first round of the 2013 presidential elections.

Gasim polled third twice in last year’s presidential elections – successfully requesting the first vote be annulled before again finishing behind Yameen and Nasheed in a rescheduled poll. Gasim eventually threw his support behind Yameen, forming a coalition that saw the latter win the presidency before relations soured earlier this year.

Nasheed highlighted the lack of a presidential response during the ongoing Malé water crisis saying that the president was nowhere to be seen.

As the MDP council was meeting, President Yameen briefed the public for the first time on the water crisis.

When about the MDP council decision, Yameen responded by saying that the governance of the country is handed over by the people, saying: “I do not pay much attention to such talk by Nasheed.”

“I would like to respond by saying that the shares of this country was sold to foreigners. I raised my voice against this as a member of the parliament. The question of handing governance will come when the presidential seat is empty,” said Yameen.

The former president also noted the growing insecurity amongst citizens, with an increase in gang violence, while saying that the government has done very little to curb these crimes.

“There has been 7 murders so far this year. While there has been overall 20 stabbing incidents there has also been cases of 6 people taken as hostages,” detailed Nasheed.

The early hours of this morning saw the most recent death in gang-related violence with a 28-year-old man being stabbed to death by group of men.

Police have denied any arrests related to the death although local media report that 10 men have been arrested related to the violence.

While discussing the decree before voting, MDP Rozaina Adam said that it is unclear who is really in charge of the government at the moment and that the president should step down if he is unable to fulfill his presidential duties.



Related to this story

28-year-old man stabbed to death in gang-related violence

No fall back for disaster of this magnitude: President Yameen

MDP condemns insecurity as PPM celebrates peace and order

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Nasheed calls proposed changes to Supreme Court bench unconstitutional

Former President Mohamed Nasheed has called the plans to reduce the number of judges on the Supreme Court bench from seven to five unconstitutional.

While speaking to the press before departing for a Maldivian Democratic Party (MDP) rallys in Haa Dhaalu Atoll, Nasheed accused President Abdulla Yameen of trying to stack the bench in his favor.

“The constitution states the required procedure to bring changes to the bench of the Supreme Court. After extensive legal council we have deliberated that the proposed changes would be unconstitutional,” said Nasheed.

The amendments brought to the parliament by MDP MP Ibrahim ‘Mavota’ Shareef have been rejected by the party after the its national executive council convened and voted that the amendments were against its policies.

Speaking about the amendments, MDP Parliamentary Group Leader Ibrahim ‘Ibu’ Mohamed Solih said Shareef had not consulted the party before he submitted the changes.

However, the ruling Progressive Party of Maldives (PPM) has signaled the party’s support for the amendments with parliamentary group leader Ahmed Nihan said all ruling party MPs would support the proposal and that the PPM would welcome judicial reform.

Presenting the bill to the parliament Shareef said that he believed the number of judges on the apex court was too high for a country the size of the Maldives.

Nasheed had previously said that changing the number of judges on the Supreme Court bench would not amount to judicial reform.

Meanwhile, MDP MP ‘Reeko’ Moosa Manik – who has announced intentions to contest in the MDP’s 2018 presidential primary – appealed for pro-government MPs to cooperate with the party’s efforts to reform the judiciary.

Moosa described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

Nihan praised both Shareef and Moosa and suggested that the number of judges on the apex court was worth considering.

Former President Nasheed also reiterated party concerns with the annual state budget for the upcoming year which the party has previously labelled as aimless and serving only for administrative purposes.

The Supreme Court has recently been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary.  It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

Knaul’s report had detailed the pressing need for judicial reform, noting that the five-member transitional Supreme Court had been replaced by a seven-member permanent bench in 2010 with “no legal or constitutional basis”.

June this year also saw Judge Ali Hameed – a sitting judge at the Supreme Court – cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

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Tax rate on domestic air travel for locals reduced to 6 percent

Maldives Inland Revenue Authority (MIRA) will be charging the normal 6 percent tax on domestic travel instead of the 12 percent, aimed at tourists, from today.

A MIRA press statement read that the amendments to the 2011 tax act would come into effect starting December 1.  The amendment makes no changes to the requirement of foreign workers in the country to pay 12 percent T-GST on the domestic air travel.

According to the changes, employees would also be charged only 6 percent GST at staff shops in resorts, following changes to the law made in the Majlis last month.

Previously, former President Mohamed Nasheed had made remarks about the hike in T-GST from 8 to 12 percent, noting that a flight to the south of Maldives had become more expensive than a flight to India or Sri Lanka as a result.

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Nasheed questions government’s legitimacy and record as one-year anniversary looms

Maldivian Democratic Party (MDP) President, Mohamed Nasheed has criticised the government for failing to keep promises made when it came to power almost one year ago.

Beginning by questioning the manner by which President Abdulla Yameen came to power, the former president suggested the election coalition had faltered and investor confidence had not been restored.

While giving an interview to Raaje TV last night (November 11), Nasheed also slammed the government for its failure to respond adequately to the abduction of Minivan News journalist Ahmed Rilwan 96 days ago.

“There is no doubt that Rilwan was abducted. All the information obtained by the police and other separate investigations point to an abduction,” said Nasheed.

Recalling the much-delayed, and once-annulled presidential elections last year, Nasheed reminded viewers that yesterday’s Republican Day has traditionally seen the start of a new presidential term.

“Republican Day has always been the day when the new presidential term begins and ends,” said Nasheed. “However, President Yameen’s gave oath after the assigned date. This raises legitimacy issues with how the Government came to power.”

Last year’s Republic Day saw former President Dr Mohamed Waheed inform the nation that he would stay in power for one week beyond the constitutional end of his term in order to avoid a power vaccum after repeated delays in the poll to find his successor.

The 2013 presidential elections eventually saw the MDP and Progressive Party of Maldives (PPM) candidates contesting the second round, with the PPM’s Abdulla Yameen eventually winning the election after forming a coalition with the Jumhooree Party (JP).

“Recent events have made it clear the that the coalition has failed,” said Nasheed in reference to the government’s acquisition of JP leader Gasim Ibrahim’s Kaadedhoo Airport after the MP spoke against the government’s flagship Special Economic Zones (SEZ) bill.

Nasheed noted that the people in charge of the government right now received a very small percentage of the total votes once the votes from JP supporters were discounted.

Promises broken

Nasheed pointed out that the government made a lot of promises towards the betterment of fishermen – including a pension of MVR10,000 (US$650) which was not included in next year’s proposed budget. But the price per kilo of tuna has dropped from a healthy MVR18 during Nasheed’s government to a mere MVR6 today, he continued.

President Yameen recently announced a foreign policy shift from west to east, partly as a result of the Maldives’ failure to qualify for extended duty-free status for fish exports after non-compliance with international conventions concerning freedom of religion.

Nasheed also attacked the government’s SEZ Act, suggesting that there has been little interest shown by foreign investors even after all the necessary laws and regulations have come to place.

The SEZ act – which offers relaxed regulations and tax concessions – described by President Yameen as a landmark law that will “transform” the economy through diversification and mitigate the reliance on the tourism industry.

While speaking about the proposed 2015 annual budget, Nasheed said that like during Maumoon Abdul Gayyoom’s 30-year regime, the current government has included a large sum as expected earnings which would eventually lead to higher budget deficit.

“For example, expected earnings from SEZ investments is valued at MVR1.5 billion (US$ 100 million). This is ambitious and unrealistic,” explained Nasheed.

The 2015 annual budget includes MVR3.4 billion (US$220 million) as expected revenue from brand new income generating measures including acquisition fees from SEZ investments and the introduction of a green tax on tourism.

A recent MDP budget review concluded that such expectations were unrealistic after stating that even if the government were to obtain MVR1.5 billion (US$100 million) as acquisitions fees at a rate of 10 percent of the investment it suggests an investment of US$1 billion.

The single biggest investment in the country to date was the ill-fated MVR7.6 billion (US$ 500 million) deal with India’s GMR group for the development Ibrahim Nasir International Airport in 2010. A Singapore court of arbitration is currently evaluating the amount owed by the government for the wrongful termination of the deal in November 2012.

The former president described the government’ abrupt terminations of foreign investments as saddening, suggesting that it would decrease investor confidence in the nation.

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Commissioner says arrests made on night of areca palm vandalism unrelated

Commissioner of Police Hussain Waheed says the arrests made on the night of the areca palm tree felling are unrelated to the case, and that the Maldives Police Service (MPS) is working ceaselessly to bring the perpetrators to justice.

Speaking at a press conference held at MPS Iskandhar Koshi, Waheed also said various allegations made by different people accusing MPS of involvement in the vandalism are baseless and that that it is trying its best to clear itself from such allegations.

In response to a question as to who the people detained are, Waheed replied by saying that MPS knows who was detained and that these people were involved in a wholly unrelated incident.

Yesterday (October 28), former President Mohamed Nasheed submitted details of police officers he believed to behind the vandalism to the Malé City Council after it had requested the public to submit any information.

“How can people who were sleeping at the time of crime know what the names of the perpetrators were even when the police officers on scene did not take their details?” said Waheed in response to Nasheed’s information.

Nasheed had alleged that two men were arrested by Maafannu police at around 3am following the incident before a senior official from the Special Operations (SO) unit arrived and demanded the arrested men to be put into an SO vehicle.

Two officers from Maafannu Police followed the SO vehicle after the arrested men were handed over, only to find that the vehicle entered Iskandhar Koshi police headquarters, explained the former president.

Nasheed also accused one high ranking police official of revising a statement put forward by a Maafannu Police officer at the scene that night, cutting down a two-page statements to half a page and instructing other officers at the station to not speak about the incident.

“Measures would be taken against the people who make false allegations about the MPS which does hard work in order to ensure the protection and the well-being of the community,” warned Waheed.

Minister of Home Affairs Umar Naseer revealed in a tweet yesterday that he had received Nasheed’s report.

“This govt will NOT ask Police/MNDF to carryout anything unlawful,” wrote Naseer.

The home minister has also instructed all police executives to assist the Police Integrity Commission it any investigation.

A police media official confirmed Minivan News yesterday that a professional standards investigation is being carried out after the increasing prevalence of reports of police involvement in the incident.

MDP Malé MPs voiced their concerns to the media over the increase of crimes in the capital and accused the government of “state sponsored terrorism” in its refusal to take adequate actions for the crimes happening in Malé.

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Government taken hostage by the police and gangs operating in Malé: Nasheed

Maldivian Democractic Party (MDP) President, and former president of the Maldives, Mohamed Nasheed accused the government of being taken hostage by the police and the many gangs operating in the capital Malé.

“At the moment, the government has failed in providing a path to bring perpetrators of serious crimes in front of justice,” Nasheed said while speaking at an MDP rally held in the carnival area of the capital last night (October 26).

Nasheed also alleged that four individuals from the MPS Special Operations (SO) unit were behind the recent chopping down of the areca palm trees planted on both sides of the city’s main thoroughfare Majeedhee Magu.

“Two nights ago, we saw Maafannu police chase and attack four SO police officers who were wielding machetes around the city. Maafannu police tried to arrest the culprits but the SO officers ran into Iskandhar Koshi where they were protected by SO commander sub-inspector Abdulla Ibrahim,” claimed Nasheed.

Nasheed also criticised the government for its decision to ‘freeze employment’ in an attempt to reduce the ballooning budget deficit.

More than 5000 students are to finish their O levels, said the former president, with a further 2000 completing A levels – suggesting that these groups would be lost to gangs without gainful employment.

“The budget deficit has risen higher than ever before. The government is in huge amounts of debt after selling treasury bills to make ends meet,” continued the MDP leader, referring to the budget deficit which is now believed to exceed MVR4 billion (US$260 million).

He also spoke again of President Abdulla Yameen’s numerous visits to Singapore saying that the President Yameen is carrying out his presidential duties and obligations at a time where the whole country is descending into fear and chaos.

“If President Yameen is ill, we would not criticise these visits. However, the President’s Office has informed the media that the President and the First Lady is in good health, making us question the motive behind trips to Singapore,” said Nasheed.

President Yameen and the first lady have since returned from their unofficial trip.

Nasheed pointed out that the government has taken little to no action when an MDP rally held at Addu City was attacked by masked men wielding batons or when an MDP office in Malé was set on fire by two individuals on motorbikes.

Last night’s rally was held amidst a large number of threats issued against the opposition party. During the party’s last rally in the Malé, MP Eva Abdulla received a message threatening a suicide attack at the next MDP gathering while vowing to ‘fight to the last drop of blood’.

Despite party members continuing to receive threats prior to yesterday’s rally, the event passed without incident. Earlier today (October 26), the MDP held a press conference announcing that over 12,000 new members has signed to the party.

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