Fayyaz: Not presently in view of appealing constitution amendments with SC

Main opposition MDP’s Chairperson Fayyaz Ismail states the party is not currently in view of appeal Wednesday’s amendment to the constitution that paves the way for lawmakers to lose their seats if they switch political parties with the Supreme Court despite the party’s discontentment on the matter.

The Parliament passed the legislation on Wednesday; the first reading, committee stage and floor voting spanning just hours. President Dr. Mohamed Muizzu ratified the bill shortly after it was passed on Wednesday evening.

Some members of the legal community have called to appeal the amendments with the Supreme Court, citing it contradicts with several other articles of the Constitution.

MDP held a press conference on Wednesday, sharing the party’s concerns regarding the amendment. Speaking at the press conference, Fayyaz accused the government of gravely violating the constitution yesterday as a result of which the whole constitution, at its present state, contradicts the concepts it was based upon.

“When lawmakers lose their seats like that, the constitution must specify its due process and the appeal procedure. Some matters should include decisions made by lawmakers,” he remarked while stressing the party was not in view of going to the Supreme Court despite their concerns.

“We have not thought about going to the Supreme Court yet,” he said.

Fayyaz said MDP believes that parliamentary matters should be built in a manner there does not require the involvement of another state power. However, he underscored that Supreme Court held the power to render the final say and in this trajectory, expressed hope that prominent figures continue to explore the avenue.

“(I) am not saying we have reached a specific decision. However, the Parliament has made certain decisions in violation of the constitution. Only the Parliament or the Supreme Court can have a say in this now. We will hold further discussions on how to proceed on the matter,” he said.

Speaking further, Fayyaz said there is not much MDP can do to stop the government from violating the constitution apart from advocating in the Parliament to revise the decision. He added that the opportunity to convince PNC members to say no in a matter had significantly been hindered yesterday.

He emphasized that an autocratic government was witnessed approximately 16 years ago – adding the actions of the current administration does indicate commitment to be any less autocratic. He alleged that the administration’s autocracy has not yet reached the level they desire.

Notably, MDP has gone to Supreme Court during the 19^th parliamentary assembly in which the party held the supermajority – seeking ways to proceed with a no-confidence motion against then-speaker Mohamed Nasheed.

Three amendments were made to the constitution on Wednesday. They include ones regarding Maldives’ territory. With the changes, it now requires the approval of a three-quarters majority of the Parliament to make any modifications to Maldives territory, the country's maritime territory can now be defined up to the Exclusive Economic Zone (EEZ), and any changes to these territorial boundaries will require both a three-quarters majority in the Parliament and approval through a public referendum, and parliamentary approval is required before any foreign military personnel can be deployed within Maldivian territory.

An additional amendment expanded the President's powers, granting authority to determine key national policies, provide advice and guidance to state agencies, and formulate national development plans and strategic visions.

But the main point of contention is regarding the inclusion of anti-defection provisions in the Constitution to prevent floor crossing, by adding three more circumstances where parliamentarians will lose their seat. They are:

• If a parliamentarian resigns from or is dismissed or expelled from the party they were elected on behalf of
• If a parliamentarian switches parties or is dismissed or expelled from a party
• If an independent parliamentarian joins a party

MDP lawmakers attempted to disrupt work on the bills during Wednesday’s sitting, citing the rushed nature of it.

Anti-government protestors had also gathered outside the Parliament to demonstrate against the bill, and clashes erupted after they were confronted by pro-government protestors, before the police intervened and separated the two groups.