10 PNC MPs face disciplinary action after failure to join judicature bill vote

The ruling People’s National Congress (PNC)’s parliamentary group threatened disciplinary action on Tuesday, after 10 of the party’s parliamentarians failed to attend the vote on the government’s bill to reduce the Supreme Court bench from seven to five justices.

The amendment to the Judicature Act was submitted on Sunday night by Holhudhoo MP Abdul Sattar Mohamed – a member of PNC – who hold a supermajority at the legislative assembly. It was presented to the floor on Monday, and the preliminary debate took place on Tuesday.

The legislature was accepted for consideration with a majority vote of 64-12. The opposing votes all came from the main opposition Maldivian Democratic Party (MDP) who hold just 12 seats in the Parliament.

However, 10 PNC members did not attend the voting. They are:

• North Machangolhi MP Ibrahim Mohamed
• Ihavandhoo MP Ahmed Naseer
• Milandhoo MP Hassan Mufeed Abdul Ghadir
• Kudahuvadhoo MP Hussain Hameed
• Gan MP Yoosuf Nasheed
• North Thinadhoo MP Saudulla Hilmy
• Faresmaathodaa MP Ashraf Rasheed
• South Fuvahmulah MP Ibrahim Hussain
• Central Hithadhoo MP Ahmed Azaan
• Kendhikulhudhoo MP Mohamed Afu Hamid

In a message to a Whatsapp group of PNC PG members shortly after the vote, the party’s top parliamentarian, Ibrahim Falah warned that disciplinary action will be taken against parliamentarians who deliberately violated the three-line whip to vote for the bill.

One PNC parliamentarian told Sun that the 10 who did not join the vote include those who are currently out of Male’. But some of the parliamentarians did not join the vote despite attending the sitting.

The amendment to the Judicature Act is designed to downsize the Supreme Court’s bench from seven to five justices – meaning that two incumbent justices will need to be removed.

The proposed bill states that the removal of Supreme Court justices will require the Judicial Service Commission (JSC) to submit a motion for dismissal to the Parliament if they deem a justice to be incompetent, and will require a two-thirds vote of parliamentarians present.

The JSC will be required to submit the names of the justices they want removed to the Parliament within five days the amendment takes effect, and the Parliament must make a decision within seven days once it is submitted.

The Supreme Court bench is currently composed of:

• Chief Justice Ahmed Muthasim Adnan
• Justice Dr. Azmiralda Zahir
• Justice Aisha Shujoon Mohamed
• Justice Mahaz Ali Zahir
• Justice Husnu Al-Suood
• Justice Ali Rasheed Hussain
• Justice Dr. Mohamed Ibrahim

The move to submit a bill to reduce the Supreme Court bench followed weekslong allegations by the MDP that the government is seeking to dismiss some of the members of the top court’s bench to influence a case challenging a contentious amendment to add anti-defection provisions to the Constitution.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. The controversial amendment added three more circumstances where parliamentarians will lose their seat, including if they are expelled from their political party.

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, arguing that the amendment violates key provisions of the Constitution, as well as the basic structure doctrine.

Hearings in the case began on February 17 – nearly three months after the case was filed. The state filed a motion to have the case tossed out, arguing that the Supreme Court does not have the jurisdiction to hear it. But the bench decided on February 18 to proceed with the case, and gave the state 10 days to build their case.

Opposition parties, including the MDP and the Democrats have questioned the timing of the bill, and accused the government of attempting attemting to influence the country's highest judicial authority and subvert judicial independence.

During a parliamentary group held on Monday afternoon, many PNC parliamentarians said they had reservations about the bill, with some taking an open stand against it.

Falah later sent a late-night text urging all PNC parliamentarians to back the bill. This is what appears to be being treated as a three-line whip.

The number of justices in the Supreme Court bench have been changed twice in the last decade. In 2014, during former President Abdulla Yameen Abdul Gayoom’s administration, the ruling party passed legislature reducing the bench from seven to five justices.

This was reversed in 2019 during former President Ibrahim Mohamed Solih’s administration.