Tag: no-confidence motions

MDP withdraws no-confidence motions against ministers

The opposition Maldivian Democratic Party (MDP) has withdrawn no-confidence motions in parliament against Home Minister Dr Mohamed Jameel Ahmed and Defence Minister Colonel (Retired) Mohamed Nazim as well as a motion to remove MP Gasim Ibrahim from the Judicial Service Commission (JSC).

The parliament secretariat released a statement yesterday (April 14) confirming the move, explaining that MPs had the discretion under parliamentary rules to remove no-confidence motions before they are put to a vote.

Speaking to press before departing for Denmark last night, former President Mohamed Nasheed said the MDP parliamentary group made the decision in the interest of averting political turmoil and ensuring calm and order in parliament ahead of the presidential election on September 7.

The MDP presidential candidate added that the party would “always consider public interest”.

MP Ibrahim Mohamed Solih, parliamentary group leader of MDP, told local media that the decision was made to avoid strife caused by the dispute among MPs over secret voting.

Voting on the no-confidence motions tabled for the parliament sitting on April 8 was postponed after MDP MPs insisted on conducting voting through secret ballot.

With 29 MPs out of the 77 in parliament, the formerly ruling MDP needed the support of at least 10 MPs to pass the no-confidence motions.

At last week’s sitting, MDP MPs claimed that the government-aligned Dhivehi Rayyithunge Party (DRP) agreed to vote in favour of the motions before reversing the decision at the eleventh hour.

MPs of the government-aligned Jumhooree Party (JP) and DRP had voted in favour of secret ballot for no-confidence votes in December 2012.

However, on March 16, the Supreme Court struck down as unconstitutional the amendment to parliamentary rules stipulating that no-confidence motions must be conducted through secret ballot.

In its judgment (Dhivehi) on the constitutionality of secret ballots for no-confidence votes, the Supreme Court majority opinion contended that the rule contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

The Supreme Court also ruled in March that parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan was unconstitutional.

Both rulings were criticised at the time by opposition, government-aligned and independent MPs as an unconstitutional “challenge to the separation of powers.”

On March 19, parliament’s Independent Institutions Committee voted to seek a replacement for Fahmy at the CSC despite the Supreme Court judgment reversing his dismissal.

“The committee decided today that he [Fahmy] should go and we should continue looking for another person. Effectively we are ignoring the Supreme Court’s decision. The MDP will continue to raise this issue in parliament, it is a policy and it is legally non-negotiable. We cannot compromise on that,” MDP MP Hamid Abdul Gafoor told Minivan News at the time.

The committee’s decision has since been approved at the parliament floor, passing with 42 votes in favour during last Wednesday’s (April 10) sitting.

Supremacy

On the following day, the Supreme Court released a press statement declaring that judgments, orders and rulings of the apex court with their attendent legal ramifications must be accepted “without further debate or interpretation.”

The Supreme Court called on all persons and institutions subject to the Maldivian constitution to comply with and respect its decisions.

The statement referred to article 145(c) of the constitution, which states, “the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The press release also noted that article 141(b) establishes the Supreme Court as “the highest authority for the administration of justice in the Maldives.”

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Parliament approves amendment to conduct no-confidence votes through secret ballot

Parliament voted today 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.

Today’s vote passed after a similar proposition was narrowly defeated 39-34 in November.

In October, the ousted Maldivian Democratic Party (MDP) submitted a no-confidence motion to impeach President Dr Mohamed Waheed Hassan Manik.

The no-confidence motion has however yet to be tabled in the Majlis agenda. Under the rules or standing orders, the President must be given a 14-day notice ahead of the vote.

Today’s vote was won after MPs of the government-aligned Jumhooree Party (JP) and Dhivehi Rayyithunge Party (DRP) – including respective leaders MPs Gasim Ibrahim and Ahmed Thasmeen Ali – joined MDP MPs to vote in favour of the amendments.

The amendment to the house rules was meanwhile approved after MPs voted in favour of a report (Dhivehi) by the MDP-majority General Affairs Committee, which voted last month in favour of the amendments proposed by MDP MP Ibrahim Rasheed for secret voting.

During today’s debate on the report, MPs of the government-aligned Progressive Party of Maldives (PPM) contended that the report was tabled in the agenda in violation of Majlis rules and criticised having to vote on the same issue for a second time.

PPM MPs along with some DRP MPs and several Independent MPs argued against secret ballots in parliament and insisted that constituents deserved to know how their MPs vote.

MPs further contended that conducting no-confidence votes through secret ballot would give weight to widespread allegations of corruption levelled against parliament.

Meanwhile, speaking at rally on Thursday night, Adhaalath Party President Sheikh Imran Abdulla called MPs who voted in favour of secret ballot “traitors.”

Imran warned that he would “chase after” MPs and the Speaker if the amendments were approved and threatened “direct action”.

“The day that [Speaker Abdulla] Shahid takes a vote to destroy the country is the day that we run after him,” Imran had said.

In an apparent response, Speaker Shahid said in a statement this week that intimidation and threats of force against MPs violated “the spirit of the constitution and democratic principles.”

Article 90(a) of the constitution states, “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.”

While informing MPs of the wishes of the public was part of democratic norms, Speaker Shahid said in his statement that it did not include threats, intimidation and “inflicting psychological or physical harm on MPs.”

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Committee decision on secret ballot overturned

Parliament’s Counsellor General Fathmath Filza has informed the General Affairs Committee that a decision to approve an amendment to the parliamentary rules of procedure was void as the meeting where it was voted through last week took place in violation of the rules.

An anonymous member of the committee told Sun Online yesterday that the committee meeting last week took place in the absence of both the chair and deputy chair.

The issue had to be tabled in the committee’s agenda again, the anonymous MP explained.

The meeting on October 23 was presided over by Dhivehi Rayyithunge Party (DRP) MP Ali Azim while the amendment was reportedly voted through by four MPs of the Maldivian Democratic Party (MDP).

The former ruling party has a majority on the General Affairs Committee.

The amendment to the rules of procedure to conduct no-confidence motions through secret ballot was proposed by MDP MP Mohamed Shifaz after a similar amendment was withdrawn by Independent MP Ahmed Amir, who is also deputy chair of the committee.

The committee’s chair is DRP MP Abdulla Abdul Raheem.

The amendment to parliament’s standing orders or rules of procedure would have to be approved in a vote at the Majlis floor to become official.

The MDP has submitted no-confidence motions against both Home Minister Dr Mohamed Jameel Ahmed and President Dr Mohamed Waheed Hassan Manik.

While a minister can be removed from his post through a simple majority of the 77 MPs in parliament, a two-thirds majority or 52 votes would be needed to impeach the president.

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Government threatens legal action against parliament

President’s Office Spokesperson Abbas Adil Riza has threatened legal action “using all the powers of the government” against the People’s Majlis to “bring parliament back to the right path” in an appearance on government-aligned private broadcaster DhiTV on October 25.

Referring to parliament’s General Affairs Committee approving an amendment to the rules of procedure to conduct no-confidence motions through secret ballot, Riza said that the government could not “turn a blind eye” to what he contended was a move that violated the constitution.

“The constitution and parliamentary rules of procedure clearly state which votes are to be conducted through secret ballot. The rest of the votes should be open,” he claimed.

Riza went on to heavily criticise the committee decision, insisting that it violated the parliamentary rules on conducting committees meetings and votes.

The formerly ruling Maldivian Democratic Party (MDP) has submitted no-confidence motions against both Home Minister Dr Mohamed Jameel Ahmed and President Dr Mohamed Waheed Hassan Manik.

While the motion against Home Minister Jameel has been tabled in the agenda for November 14, the impeachment motion has yet to be tabled.

The MDP-dominated General Affairs Committee approved the amendment for a secret ballot last week with four votes in favour and none against, committee chair and Dhivehi Rayyithunge Party (DRP) MP for mid-Henveiru Ali Azim told local media. Only five MPs reportedly attended the committee meeting last week.

The amendment to parliament’s standing orders or rules of procedure would have to be approved in a vote at the Majlis floor to become official.

While a minister can be removed from his post through a simple majority of the 77 MPs in parliament, a two-thirds majority or 52 votes would be needed to impeach a sitting president.

Meanwhile, responding to Riza today, MDP Spokesperson and Henveiru South MP Hamid Abdul Gafoor told Minivan News that the party believed the remarks constituted a threat to violate separation of powers.

“It is simply second nature for the 7/2 police and military-backed coup-invoked dictatorship to use force to stay afloat,” the MP said.

Hamid had earlier tweeted that Abbas’s remarks were “open threats of use of force to stop secret ballot.”

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Majlis committee approves secret ballot for no-confidence votes

Parliament’s General Affairs Committee last week approved an amendment to the rules of procedure to conduct no-confidence motions through secret ballot.

The amendment was proposed by Maldivian Democratic Democratic (MDP) MP Mohamed Shifaz after a similar amendment was withdrawn by Independent MP Ahmed Amir.

The MDP-majority committee approved the amendment with four votes in favour and none against, committee chair and Dhivehi Rayyithunge Party (DRP) MP for mid-Henveiru Ali Azim told local media. Only five MPs reportedly attended the committee meeting last week.

The amendment to parliament’s standing orders or rules of procedure would have to be approved in a vote at the Majlis floor to become official.

The MDP has submitted no-confidence motions against both Home Minister Dr Mohamed Jameel Ahmed and President Dr Mohamed Waheed Hassan Manik.

While a minister can be removed from his post through a simple majority of the 77 MPs in parliament, a two-thirds majority or 52 votes would be needed to impeach a sitting president.

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