The Supreme Court has concluded hearings on the opposition’s case demanding that the seven cabinet ministers rejected by the opposition-majority parliament step down from office, but has yet to have announced a date to deliver the verdict.
Minister of Fisheries Dr Ibrahim Didi, Minister of Education Dr Mustafa Luthfy, Minister of Defence Ameen Faisal, Minister of Foreign Affairs Dr Ahmed Shaheed, Attorney General Dr Ahmed Ali Sawad, Minister of Finance Ali Hashim and Minister of Home Affairs Mohamed Shihab had their reappointments rejected in parliament last week after the endorsement vote was boycotted by the ruling Maldivian Democratic Party (MDP).
The issue of cabinet endorsements had derailed parliament for the previous three weeks on points of order, placing the 2011 Budget in jeopardy of being submitted and passed before the final session of parliament for the year.
Dr Sawad told Minivan News today that the government’s argument was based on the fact that the Maldives had a “unique” constitutional process, and that the process of appointing ministers was not comparable with countries such as the United States.
In the Maldives, Dr Sawad said, “the President has the executive power to appoint Cabinet Ministers. There is a clear separation of powers.”
“If the interpretation is that by a simple majority any appointed minister can be removed from his position, that means that with parliament’s quorum of 20, 11 MPs can vote against cabinet and have ministers removed despite the constitution’s very detailed no confidence procedure,” he said. “If [ministers can be removed] by a simple sitting majority, it will lead to serious instability.”
Dr Sawad added that “any interpretation [of the Constitution] that facilitates such instability in the political system is a very serious threat to our nation.”
The issue of ministerial appointments within parliament has raised concerns among some MPs that current rulings are insufficient for the Maldives’ highly partisan political environment, particularly in relation to the Majlis.
Kuludufushi-South Independent MP Mohamed ‘Kutti’ Nasheed last month claimed that constitutional changes within the Supreme Court will be required to address the nation’s ongoing political deadlock over cabinet ministers.
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