The country

President Mohamed Nasheed has said that the main challenge faced by the Maldives today is that Judges remain in the lower courts against the rules of the Constitution.

At a time when opposition groups are criticizing the government for manipulating the legal system, President Mohamed Nasheed said today in his weekly radio address that one thing Maldivians hoped for with the Constitution was an improvement in their general living situations.

“The citizens wish to have Judges of their choice at the courts. The Constitution will determine who the Judges of their choice are. The fact that Judges remain at Courts today against the rules of the Constitution is a serious challenge for our country,” the President said.

The President spoke in this regard at a time when an audio recording has leaked, in which he addresses the defence forces and says that lower court Judges are appointed against the law and that the salaries of these Judges will be suspended. He further says that the government cannot comply with the rulings issued by these Judges until their oaths are renewed.

“I have to implement the rulings issued by those Judges. I am also under oath, and have to act justly,” the President is heard saying in the leaked audio.

He said in today’s speech that citizens hoped for the establishment of courts of high standard, and a system which guarantees justice for every Maldivian.

He further said that even though the Constitution stresses the employment of young and educated individuals at the courts, the situation today is entirely different.

“As you know, the Constitution indicates that courts have to be set up and Judges have to be appointed to these courts within two years of the Constitution coming into force,” the President said.

He said that the Judges appointed to the courts within the framework of the Constitution should be educated and of good conduct and behavior. As there are many educated youth in the country, the Constitution was drawn up to facilitate employment as Judges for these individuals.

He also said that even though Article 149 of the Constitution says that requirements for Judges are to follow a new law, the Judicial Service Commission (JSC) determined the requirements for Judges in May 2010, before the new law could be ascertained.

“You must clearly remember that day, also a Friday, when I shared this development with you. We noted the manner in which the requirements were set up and said that they do not suit modern standards. I also sent a letter to Judicial Service Commission in May to inform this,” the President said.

He said that regardless of all these developments, Judges took their oaths according to JSC’s rules in August 2010.

“At that time we did not have the law regarding Judges in the Constitution.Even though the Constitution clearly says that Judges cannot take their oaths without this law, until today, Judges have not been appointed to lower courts legally. Judges of Supreme Court and High Court are appointed in accordance with the Constitution. However it is very hard to say that the same for Judges of lower courts,” the President said.

He further said that several cases relating to banks are not attended to by the lower courts, and that this affects the circulation of money in the economy. Citing experts, he said that with the perfection of the legal system, the country’s economy will grow by 40%. The legal system is heavily involved in the operation of businesses and investments made in the country.

The President said that although the Constitution is described by people today in ways which are favorable to them, he reminded the public that the Constitution is a presidential system.

“The three powers are separated - the executive, legislative and judicial branches. The head of state, that is the President, is appointed above all three powers. The Constitution explicitly states the President’s responsibilities. The Constitution cannot be enforced if any one of the three powers is failing in their responsibilities,” the President said. “The only way in which citizens can fully benefit from having such a Constitution, is by the head of state carrying out his responsibilities accordingly. My wish is to inform the public that I will facilitate the bright, rich and pleasant future that you hope for.”