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Wednesday 26 Feb 2025
LOCAL EDITION
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LOCAL EDITION
MDP parliamentarians protest inside the chamber on February 26, 2025.
A row erupted in the Parliament on Wednesday morning as parliamentarians from the Maldivian Democratic Party (MDP) accused the ruling People’s National Congress (PNC) of using its absolute majority to completely disregard the concerns raised by counsel general Fathimath Filza regarding a government bill to downsize 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. The bill was presented, debated on and accepted into the Parliament on Tuesday, and the Judiciary Committee passed it without any changes in a meeting held shortly after the vote.
The Judiciary Committee reconvened for an emergency meeting again on Tuesday night after it received Filza’s comments regarding the bill.
Filza noted that downsizing the Supreme Court’s bench would mean that two justices would need to be removed. She questioned whether removing the justices without giving them a chance to defend themselves is fair.
During the debate on the committee’s report in the morning, Kendhoo MP Mauroof Zakir, a politician from the MDP, questioned why a decision wasn’t made regarding Filza’s counsel.
“I wish to clarify the procedure for treating the opinion of the counsel general. The counsel general raised concerns regarding the bill and shared her legal opinion regarding the issues with the bill with the committee. But the committee failed to consider all this and sent it to the floor for a decision,” said Mauroof.
Mauroof said that if the committee failed to make a decision, then one should be made by the floor.
However, Speaker Abdul Raheem Abdulla, the chairman of PNC, said that it is not up to the floor to make a decision.
“According to the Parliament’s standing orders, the counsel general needs to share her comments with the committee. It is not something that can be presented to the floor,” he said.
He reiterated his stand as Mauroof repeatedly raised the issue.
PNC’s Husnee Mubarak, the chair of the Judiciary Committee, raised a point of order and accused the MDP of misconstruing the facts.
The Manadhoo representative said that the committee had referred to Filza’s counsel, but chose to pass the bill despite the concerns.
Ibrahim Nazil, the leader of MDP’s parliamentary group, accused Mubarak of lying. He said that the committee decided to leave it to the floor to make a decision regarding Filza’s counsel.
At this point, all MDP parliamentarians got up from their seats and began protesting.
Abdul Raheem named South Galolhu MP Meekail Ahmed, Vaikaradhoo MP Hassan Ziyad (Fittey) and Mauroof and asked them to leave the chamber. However, they refused to leave and were escorted out by the security.
ގަލޮޅު ދެކުނު ދެކުނު ދާއިރާގެ މެންބަރު މީކާއިލް ނަސީމާއި، ވައިކަރަދޫ ދާއިރާގެ މެންބަރު ހުސައިން ޒިޔާދާއި، ކެންދޫ ދާއިރާގެ މެންބަރު މައުރޫފް ޒާކިރުގެ ނަން އިއްވައި އެ މެންބަރުން ތަޅުމުން ނެރުން
— sun.mv (@sunbrk) February 26, 2025
ތަފްސީލް: https://t.co/s2speT5kIJ#sunonline #news #majlis pic.twitter.com/YdfYoQTiHO
The Constitution declares two circumstances where a judge may be removed. They are:
Filza opinioned that if Supreme Court justices who the JSC has not raised competency questions regarding are be removed due to a legislature to downsize the court’s bench, it creates a situation where the justices’ competency is called into question.
She said that it is possible that the justices may not be afforded a chance to defend themselves, and questioned whether removing justices in such a manner is fair.
She also noted that judges who honorably retire are afforded certain allowances by the state, and providing the same allowances to justices who are removed after the JSC decides they are incompetent is not a policy that makes sense.
Anara Naeem, the deputy chair of the Judiciary Committee, chose to abstain from the vote when the committee passed the bill on Tuesday. However, the PNC politician voted in favor of the bill during the floor vote on Wednesday.
The reversal in her stand came after the PNC threatened disciplinary action against parliamentarians who fail to back the bill.
However, another PNC politician, Ahmed Azaan Marzooq, was seen walking out of the chamber as the voting began. The Central Hithadhoo representative had also chosen to skip Tuesday’s vote when the bill was accepted into the Parliament.
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 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:
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.
The rushed passage of the bill comes one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of the anti-defection clauses.
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.
