Letter to The JSC

On more than one occasion, I have expressed my deep concern about the setting up of the Judiciary under the new constitution and the trends that were emerging in the actions of the Judiciary.

The Judicial Service Commission is charged by the Constitution to oversee the day to day affairs of the Judiciary and to take action against wayward judges. One of the functions of the JSC is the appointment of judges to various benches.

The Constitution envisaged a certain setup for the entire Judiciary, and the JSC has a crucial role to play in this. However, the Constitution makes it plainly clear that the JSC itself would have to follow certain laws which should be passed by Majlis, and the decisions of the JSC would be necessarily constrained by these laws.

However, it appears that the JSC has taken it unto themselves to go ahead and appoint judges for life without laws that direct them on the standards expected of judges, or the number of courts that should be established, the jurisdicitions of various courts, the tenure of judges for the first fifteen years of the new constitution etc.

This move from the JSC comes at a time when the Majlis is totally disfunctional. This is significant when we consider that the Majlis is charged with keeping the JSC in check. Further, I have it on good authority, that a member of the JSC itself has lodged a complaint with the Majlis regarding how the business of the JSC is being conducted, and the Majlis had summoned the JSC to a committee hearing, and this process has not started yet due to the standstill of the Majlis.

We should also remember that the Supreme COurt has been flexing its muscle on taking control of the entire Judiciary and that the current Chair of the JSC is a sitting judge of the Supreme Court. Further, the Judges Association has been complaining constantly that the JSC should comprise of Judges only. According to them, Judges are an exceptional species who can keep themselves in check. I wonder if they have heard of the Principles of Natural Justice?

Anyway, it appears to me that the move started by the Supreme Court when they arbitrarily took control of the Department of Judicial Administration will be almost completed by the appointment of all their cronies to the bench, for life.

I suppose this is what happens when we have a eunuch of a Parliament.

Anyway, out of desperation, I have written to the JSC to appeal to them to stop this madness. In that letter I have outlined in some detail, what the people who wrote the Constitution envisaged for the Judiciary. Most probably, my letter is in the JSC dustbin now. Any way, I will publish this letter on this blog (click on pages above to view letter), so that at least it will be there, available for anyone who cares to know what kind of Judiciary the Constitution hoped to setup, and what was provided for in the Constitution.

The interested reader may refer to my previous ramblings on the Judiciary by clicking the following links:

1. The Power Pendulum
2. Scary
3. The Pendulum is Swinging
4. Judicial Independence? Or Independence of the Judiciary?

Open Letter to Honourable Mujuthaz, MP

Ma. Bougain Villea
Male’.

5 July 2010

Dear Honourable Mujuthaz, MP for Hanimaadhoo Dhaairaa

It is with great alarm that I write this letter to you.

It has come to my notice through the media that the Deputy Speaker of the Majlis has allegedly instructed a certain Hoara Waheed to contact one or more members of the Anti-Corruption Commission to issue a certain statement regarding some matter of the State. It appears that a measure of intimidation was indicated in this directive.

It is most untoward that an Independent Commission may be intimidated in this fashion to subvert the course of governance and justice to further the political ambitions of any person.

As Chair of the Majlis Committee concerning the Independent Commissions, I feel you have a duty to immediately convene this committee and start an investigation into this matter.

I urge you to use all and any available resource to locate this Hoara Waheed and summon him to the Committee. He should be required to reveal everything regarding this matter to the Majlis, and he should be questioned under oath.

You will no doubt know that no person can claim the right to remain silent when questioned by the Majlis, and will have to tell the truth, under oath.

Further, members of the Anti-Corruption Commission should also be summoned to the Majlis and required to reveal all that they know of these matters, and any possible such matters in the past. If they are being intimidated and threatened in any way, they should be accorded the full protection of the State so that they may discharge their duties in accordance with the Constitution and the Law.

The hearings of the Committee with regard to these matters should be open to the public and the media. These are important events in a defining period of our nation, and all citizens have a right to know the truth regarding these matters.

If the Majlis cannot and will not act on these matters, it is time for all MPs to vacate the Majlis and hand it over to the People.

I have every faith in you that you will discharge your duties in a responsible fashion.

If MPs do not discharge these responsibilities, they will truly be creating a huge Void in the nation which will send us over the precipice and into the bottom of nothingness.

Thank you for at least reading this letter from a concerned citizen.

Ibrahim Ismail

Mountain, Mountain, Come to Mohamed!

The recent changes to the Public Finance Act (Maaliyyathaa behey qaanoon) sent my head reeling. That was the Grand Finale in the process of decimating the Executive, once and for all.

True, the Constitution says that the government may not dispose of any state property in any way except in accordance to law passed by the Majlis. But the fundamental fact remains that it is the government which will dispose of any state property, nevertheless. However, it appears that the Majlis has interpreted this provision in the Constitution to be that the Majlis will be the body that will decide on the disposal of all state property, almost on a case by case basis.

Yes, yes, I have vehemently argued for the supremacy of Parliament on many occasions, and I would still vehemently defend it. But the unwritten provision in the constitution says that the Parliament shall also be the Supreme body in terms of Wisdom as well. That the Parliament shall also be bound by the letter and spirit of the Constitution. That the Parliament is required by the constitution to recognize the Executive, its powers and responsibilities as specified in the Constitution. That the Parliament shall show due respect to the people of the country by allowing their elected President and his cabinet to govern the country.

That the passing of the Bill truly annihilates the duly elected government of the people is simply an academic point. What is of more interest is why did Parliament do it? On this more lively point, we can only surmise.

In this surmising, one should think of current events in relation to their precedent event : The Fall of the Qayyoom Regime.

With the change in government, there was trepidation among many that there may be a witch hunt to bring criminals within the former regime to justice. The relative security of the Majlis was sought by many, and some succeeded. After the initial scrambling for personal security, some were emboldened. The bid for real power came next. The old adage, if the Mountain won’t come to Mohamed, then Mohamed will have to go to the Mountain, when turned the other way around, seemed to give a perfect solution to their dilemma. It goes like this: Well, if we can’t get the Presidency, why don’t we bring the Presidency to where we are? Then we can:
1. Nominate and ratify all appointments to the independent commissions
2. Nominate and ratify all Judicial appointments
3. Dictate all government policies
4. Make day to day decisions of running the government
5. Keep all judges in fear of losing their jobs so that they dare not find any of us guilty, no matter what crime we have committed and will commit.

Hey, hey, hey… better still, even though the Constitution requires three quarters majority to amend it, let’s turn the Presidential System into a Parliamentary System without amending a letter in the Constitution. And you know what? We can probably get away with it, because everyone knows that the public in this country is so apathetic, they won’t know anything other than that Brazil lost over Argentina!

Maldives. Paradise on earth (especially for corrupt politicians).