Tag: parliament

Committee approves no-confidence motion against Prosecutor General

Parliament’s Independent Institutions Committee has approved a no-confidence motion against Prosecutor General Ahmed Muiz with four votes in favour and three against.

Following today’s committee decision, the motion will be put to a vote at the People’s Majlis floor.

At the committee’s previous meeting on Monday (November 4), Muiz was asked to submit a response in writing after the meeting was disrupted by MPs of the government-aligned Progressive Party of Maldives, Jumhooree Party, and Dhivehi Qaumee Party.

The no-confidence motion against Muiz was filed by the opposition Maldivian Democratic Party last month claiming that the PG had failed to prosecute police officers who mutinied against the former government and assaulted protesters. The party has accused the PG of “selectively” pursuing cases against its members while ignoring “human rights abuses” committed by police in the wake of the controversial transfer of presidential power on February 7, 2012.

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MBC audio cable severed during parliament committee meeting

An audio cable of the Maldives Broadcasting Company (MBC) was severed during a meeting of parliament’s Independent Institutions Committee yesterday (November 4).

The meeting held to hear Prosecutor General Ahmed Muiz’s response to a no-confidence motion was disrupted by MPs of the government-aligned Progressive Party of Maldives, Jumhooree Party (JP), and Dhivehi Qaumee Party.

According to a statement by the parliament secretariat, the Maldives National Defence Force (MNDF) has been asked to investigate the incident.

Following the cancellation of a parliament sitting on September 23 amidst chaos in the chamber, opposition-aligned Raajje TV showed video footage of JP MP Ilham Ahmed, also the party’s deputy leader, take out what appeared to be a plier from his pocket and cut a cable.

A cable of the state broadcaster was also severed during a live telecast of a committee meeting in January 2012, briefly interrupting the live coverage.

Following the incident, MP Ilham was accused of cutting the cable by MPs of the Maldivian Democratic Party.

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High Court upholds Criminal Court decision to extend pre-trial detention of Azim

The High Court has upheld a Criminal Court decision to extend the detention period of Maldivian Democratic Party member Ali Azim, whose parliamentary seat is being contested by the Supreme Court and the Majlis.

Azim was arrested on charges that he attempted to assault a Maldives National Defence Force (MNDF) officer in control of the security of parliament. He has since been released to house arrest.

The High Court ruling on the appeal submitted by Azim stated that his arrest was lawful.

The High Court ruling stated that, on October 26, Azim went inside the parliament and attempted to assault an MNDF officer on duty, adding that it was the responsibility of the armed forces to stop anything that might be a threat to the security of  MPs.

The High Court ruling also said that Azim was arrested by police outside the parliament in the presence of his lawyer and that police have completed all the procedure stated in article 48 of the constitution.

Additionally, the High Court also noted that article 74 of the constitution states the Supreme Court has to determine if there is any dispute over the legitimacy of a parliamentarian and that, on October 24 at 6:30pm, the Supreme Court had ruled that Azim was disqualified from his seat and could no longer be considered a member of the Majlis.

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PPM member asks Supreme Court to remove DRP leader from parliament

Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed has filed a case at the Supreme Court requesting the court disqualify Dhivehi Rayyithunge Party (DRP) Leader and MP Ahmed Thasmeen Ali from parliament.

Wadde yesterday told local media that Thasmeen took a MVR2.9million (US$188,067) loan from Parliament Deputy Speaker Ahmed Nazim and did not pay the money back in accordance with a Civil Court ruling.

Nazim filed a case at the Civil Court in 2011 to recover MVR1.9million (US$124,513) unpaid out of the MVR2.9 Million (US$188,067) Thasmeen took from him as a loan.

Article 73(c) of the constitution states: “A person shall be disqualified from election as, a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

Wadde said that, although Thasmeen had now paid all the money, he did not pay according to the Civil Court ruling, which required the repayment of MVR320,000 (US$20,779) each month for six consecutive months to clear the debt.

The Civil Court ruling came in April 2011, with Thasmeen unsuccessfully appealing the case at the High Court the same month.

In June 2012, Nazim filed another case at the Civil Court because Thasmeen was not paying as per the Civil Court resulting in the court issuing a warrant freezing all the bank accounts of Thasmeen and ordering the Immigration Department to hold Thasmeen’s passport.

Lawyer Wadde was chosen to contest the Kaashidhoo parliamentary by-election for the PPM in March 2012, before the party decided to support now-MDP MP Abdulla Jabir – then a member of the Jumhooree Party – prompting public criticism from Wadde.

The lawyer was also at odds with his party’s senior leadership last month after filing a case in the Supreme Court challenging opposition MDP candidate and former President Mohamed Nasheed’s candidacy.

In October Wadde also submitted a case to the Supreme Court seeking a ruling against the motion passed by parliament to appoint Speaker Abdulla Shahid as interim head of state in the instance that an elected president cannot be installed by the constitutionally mandated date, November 11.

The same day, Wadde also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission (JSC) – was conducted in breach of the constitution.

Last night, the MDP issued a statement condemning the filing of the case against Thasmeen, alleging that the PPM was trying to undermine the constitution through the Supreme Court.

The party called upon the PPM to stop all of its works against the spirit of democracy.

The MDP said the PPM was using the Supreme Court to defeat political opponents because is understood that it had been defeated in the political field.

The Supreme Court ruled on October 24 that both MDP MP Ali Azim DRP MP Mohamed Nashiz be stripped of their parliamentary seats over decreed debt. The ruling was subsequently rejected by the Parliamentary Privileges Committee, with scuffles ensuing between the military and MPs at the subsequent Majlis session.

The current MDP and DRP alignment constitutes a simple majority in parliament.

The party also said that the citizens would not allow the PPM to use courts under the influence of former President Maumoon Abdul Gayoom to deprive the MDP of its majority in parliament.

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Parliament appoints retired first lieutenant as sergeant-at-arms

Parliament today appointed Mohamed Haleem, of Maafanu Million in Male’, as the People’s Majlis’ Sergeant-at-arms with 56 votes in favour and one against.

Under the parliamentary rules of procedure, the Sergeant-at-arms is entrusted with enforcing discipline and maintaining security.

According to newspaper Haveeru, First Lieutenant Haleem retired from the Maldives National Defence Force (MNDF) last month after 23 years of service.

Haleem was among senior military officers who sent a letter of concern to the Chief of Defence Forces following the failure to hold the second round of the presidential election scheduled for September 28.

Minivan News obtained Haleem’s resignation letter addressed to Defence Minister Mohamed Nazim, in which he stated that he did not believe “the security services are currently adhering to the constitutional provisions stated in articles 237 and 238.”

“Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated.

“For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

Meanwhile, in July 2011, Independent MP Mohamed ‘Kutti’ Nasheed called for the appointment of a Sergeant-at-arms as provided for in the regulations following weeks of disrupted sittings.

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Budget of MVR16.4 billion for 2014 submitted to parliament

An estimated budget of MVR16.4 billion (US$1 billion) for 2014 was submitted to parliament today by Finance Minister Abdulla Jihad, with a projected deficit of 2.5 percent of GDP.

Presenting the budget this morning, Jihad said the forecast for government revenue in 2014 was MVR13.9 billion (US$901 million), with income from taxation projected at MVR10.2 billion (US$661 million) and non-tax revenue of MVR3.5 billion (US$226 million).

In addition, MVR2.3 billion (US$149 million) was expected from new revenue raising measures.

As government expenditure in 2014 was estimated to be MVR14.9 billion (US$966 million), Jihad said, the resulting budget deficit would be MVR988 million (US$64 million).

The fiscal deficit would be plugged by foreign assistance, loans and domestic sources of finance, Jihad said.

The total budget reaches MVR16.4 billion including loans and foreign aid, Jihad explained, which was not included in total expenditure.

While the economy grew by 3.7 percent in 2013, economic growth is estimated to be 4.5 percent next year, he said.

Similar to previous years, Jihad observed, recurrent expenditure (MVR12 billion) accounts for 73 percent of the total budget, with almost half spent on salaries and allowances for state employees in addition to administrative costs, interest payments and subsidies.

A total of MVR2.2 billion (US$142 million) was allocated for social security and welfare spending, Jihad said, which covers the government health insurance scheme ‘Aasandha,’ electricity subsidies, pensions for the elderly and expenditure on price controls.

While MVR2.4 billion (US$155 million) was allocated for the Public Sector Investment Programme (PSIP), Jihad said MVR1.9 billion (US$123 million) of it would be spent on infrastructure projects in the atolls such as construction of harbours and establishing sewerage systems.

The finance minister revealed that government revenue was expected to reach MVR11.5 billion (US$745 million) by the end of 2013.

The original forecast in the 2013 budget was however MVR12.9 billion (US$836 million).

The 2013 fiscal deficit, projected at MVR1.4 billion (US$90 million), would stand at MVR1.7 billion (US$110 million) by the end of the year, Jihad said.

Following a budget debate next month, the proposed budget would be sent to the Budget Review Committee, consisting of all the members of the economic affairs and public finance oversight committees, for scrutiny and possible amendments.

In December 2012, the Budget Review Committee deducted more than MVR1 billion (US$64.8 million) from the MVR16.9 billion (US$1 billion) budget submitted by Finance Minister Jihad before parliament passed the a MVR15.3 billion (US$992 million) budget for 2013.

Revenue raising measures

In its latest Quarterly Economic Bulletin, the Maldives Monetary Authority (MMA) observed that government finances had “further deteriorated in the first six months of 2013” due to a sizeable shortfall in expected revenue coupled with a marked increase in recurrent expenditure.

The central bank’s economic bulletin explained that around 15 percent of total revenue budgeted for 2013 – MVR1.8 billion (US$116.7 million ) – was to be raised from new revenue measures, “which so far have not materialised.”

The revenue raising measures proposed in the 2013 budget included hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, raising airport service charge to US$30, leasing 14 islands for resort development, raising tariffs on oil, introducing GST for telecom services, and “selectively” reversing import duty reductions.

In April, parliament rejected government-sponsored legislation to raise the departure tax on outgoing passengers, prompting Finance Minister Abdulla Jihad to seek parliamentary approval to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.

The move followed a cabinet decision to delay implementation of new development projects financed out of the budget due to shortfalls in revenue.

The economic bulletin also revealed that the total government expenditure of MVR6.7 billion (US$435 million) in the first half of 2013 was eight percent higher than the same period in 2012.

The growth of government spending was “entirely due to the 21 percent (MVR965.3 million) growth in recurrent expenditure, which was partly offffset by the 26 percent (MVR440.6 million) decline in capital expenditure during the period.”

Presenting the 2014 budget today, Jihad said the government proposes six new revenue measures to be implemented next year pending parliamentary approval,

  • Hiking T-GST to 12 percent from 8 percent at present
  • Revising import duties
  • Delaying abolishing the tourism bed tax for one more year
  • Raising airport departure charge from foreign passengers from US$18 to US$25
  • Leasing 12 islands for resort development
  • Introducing GST for telecommunication services (currently exempt from the tax)

Austerity

Jihad also advised implementing a raft of austerity measures, contending that the “expensive” public management model adopted in the Maldives was inappropriate for a small island state.

Almost 50 percent of government income was spent on employees, Jihad noted, advising revision of the state pension system and reduction of the numbers of island and atoll councillors as well as members of independent institutions and boards of government-owned companies.

As “the basis of increasing state expenditure is having to provide all facilities to small populations in separate islands,” Jihad said prompt implementation of a population consolidation policy was necessary for a long-term solution.

The current model of more than 1,000 elected councillors established by the Decentralisation Act passed in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the ousted Maldivian Democratic Party (MDP) government, which had proposed limiting the number of councillors to “no more than 220.”

In March 2011, former chair of parliament’s Finance Committee, MP Ahmed Nazim, told Minivan News that the opposition Dhivehi Rayyithunge Party (DRP) had been too “heavy handed” in working with government.

“I was advocating that even now, we will work with the MDP to reduce the number of [island] councillors in small areas from five to three posts.  There is simply not enough work for all of them to do. Some opposition took a heavy handed approach meaning there was no need for compromise,” the current Progressive Party of Maldives (PPM) MP said, despite having voted for the bill framed by the opposition.

Meanwhile, in its professional opinion on the 2013 budget, the Auditor General’s Office stated that a policy of population consolidation together with effective measures to reduce the public sector wage bill was necessary to rein in the continuing fiscal deficits.

Moreover, in November 2012, a team from the International Monetary Fund (IMF) advised that strengthening government finances was “the most pressing macroeconomic priority for Maldives”.

Jihad said today that a National Pay Review Board had begun reviewing the pay scale of state employees, which was among the recommendation’s of the IMF mission.

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Unknown pills discovered inside Majlis coffee machine

MPs have today revealed the discovery of an unknown type of pill in a coffee machine inside the parliament.

At about 11:23pm Dhivehi Rayyithunge Party MP Rozeyna Adam tweeted pictures of the pills, statng that MPs’ lives were at risk.

According to Rozeyna, after a few minutes a police forensic team went to the parliament to investigate the case, although she went on to question whether opposition MPs could trust them.

Maldivian Democratic Party MP Eva Abdulla wrote on her twitter page that the lady working at the parliament had noticed the coffee inside the machine was discolored. When she threw it away she found the pills in the drainage.

The parliament secretariat has issued a statement confirming the allegations.

The parliament said that police and Maldives National Defence Force are investigating the case.

Speaking at parliament today, Eva expressed concern with similar incidents occurring in the run-up to no-confidence votes against cabinet ministers and called for a prompt investigation.

The Inter-Parliamentary Union has recently written to the Speaker of the Majlis requesting an urgent visit to the Maldives in order to ensure that MPs can  work “unhindered, without fear of intimidation and harassment or attack on their physical integrity”.

Eva noted that the security cameras near the room where the coffee machine was kept has not been functional for some time despite repeated requests to fix them.

A source within the parliament today told Minivan News that the pills appear to be a laxative called Dulcotax.

The incident occurred while MPs were debating the no-confidence motion against Attorney General Azima Shukoor, which was eventually passed.

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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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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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