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Highlights of the work done by 19th Majlis to reform Maldives Judiciary

29 Jan 2020

Press Release

Highlights of the work done by 19th Majlis to reform Maldives Judiciary

Bills passed:

  1. Bill on amendment to the Judicial Service Commission Act (Act No.: 10 of 2008) submitted by Hon. Imthiyaz Fahmy, Member of Parliament of the Maafannu Uthuru Constituency.

  2. Bill on amendment to the Judicature Act (Act No.: 22 of 2010) submitted by Hon. Ali Azim, Member of the Parliament of the Medhu Henveyru Constituency.

  3. Maldivian Legal Profession Bill submitted by Hon. Imthiyaz Fahmy, Member of the Parliament of the Maafannu Uthuru Constituency

Issues reviewed (Appointments):

  1. Issue regarding the appointment of Presidential Nominations, Dr. Azmiralda Zahir and Ustaza. Aisha Shujune Muhammad to the Supreme Court in compliance with Article 148 (a) of the Constitution of the Republic of Maldives. First Female Supreme Court Judges, Dr. Azmiralda Zahir and Uza. Aisha Shujune was appointed to the Supreme Court on 26 August 2019.

  2. Issue regarding the appointment of Presidential Nominations, Uz. Mahaaz Ali Zahir to the Supreme Court in compliance with Article 148 (a) of the Constitution of the Republic of Maldives. Uz. Mahaaz Ali Zahir was appointed to the Supreme Court bench on 21 October 2019.

  3. Issue regarding the appointment of Uz. Hussain Shameem as the Prosecutor General. Uz. Hussain Shameem was appointed as the Prosecutor General on 02 December 2019.

  4. Issue regarding the appointment of the Presidential Nomination, Uz. Ahmed Muthasim Adnan for the Chief Justice submitted in compliance with Article 147 of the Constitution of the Republic of Maldives. Uz. Ahmed Muthasim Adnan was appointed as Chief Justice on 2 December 2019.

  5. Issue regarding the appointment of the Presidential Nomination, Uz. Husnu Al Suood to the Supreme Court in compliance with Article 148 (a) of the Constitution of the Republic of Maldives. Uz. Husnu Al Suood was appointed to the Supreme Court Bench on 2 December 2019.

Issues reviewed (Removal from Office)

  1. Issue submitted by the Judicial Service Commission in compliance with Article 154 (b) of the Constitution of the Republic of Maldives regarding the removal of Magistrate Mr. Ibrahim Rasheed of G.Dh. Thinadhoo Magistrate Court from office. Magistrate Mr. Ibrahim Rasheed was dismissed on 25 July 2019.

  2. Issue submitted by the Judicial Service Commission in compliance with Article 22 (b) of the Judges Act of Maldives (Act No.: 13 of 2010) regarding the removal of Supreme Court Judge Uz. Abdulla Didi from office. Supreme Court Judge Uz. Abdulla Didi was dismissed on 27 August 2019.

  3. Issue submitted by the Judicial Service Commission in compliance with Article 22 (b) of the Judges Act of Maldives (Act No.: 13 of 2010) regarding the removal of Chief Justice Dr. Ahmed Abdulla Didi from office. Chief Justice Dr. Ahmed Abdulla Didi was dismissed on 14th November 2019.

  4. Issue submitted by the Judicial Service Commission in compliance with Article 22 (b) of the Judges Act of Maldives (Act No.: 13 of 2010) regarding the removal of Supreme Court Judge Uz. Adam Mohamed Abdulla from office. Supreme Court Judge Uz. Adam Mohamed Abdulla was dismissed on 14th November 2019.

  5. Issue submitted by the Judicial Service Commission in compliance with Article 22 (b) of the Judges Act of Maldives (Act No.: 13 of 2010) regarding the removal of Supreme Court Judge Uz. Abdul Ghani Mohamed from office. Supreme Court Judge Uz. Abdul Ghani Mohamed was dismissed on 28 November 2019.

  6. The impeachment the Prosecutor General Uza. Aishath Bishaam. presented to the committee by a member of the committee. Prosecutor General Uza. Aishath Bishaam resigned on 28 November 2019 ahead of her dismissal.

  7. Issue submitted to Judiciary Committee for review by the Judicial Service Commission in compliance with Article 154 (b) of the Constitution of the Republic of Maldives regarding the removal of Chief Judge of the Criminal Court Uz. Ahmed Hailam from office. Uz. Ahmed Hailam resigned on 02 December 2019 ahead of his dismissal.

  8. Issue submitted by the Judicial Service Commission in compliance with Article 154 (b) of the Constitution of the Republic of Maldives regarding the removal of Magistrate Uz. Ainaan Ali Mohamed of K.Thulusdhoo Magistrate Court from office. Magistrate Uz. Ainaan Ali Mohamed resigned 02 December 2019.

  9. Issue submitted by the Judicial Service Commission in compliance with Article 154 (b) of the Constitution of the Republic of Maldives regarding the removal of Chief Magistrate Uz. Adnaan Hussain of R.Maakurathu Magistrate Court from office. Uz. Adnaan Hussain resigned on 02 December 2019.

  10. Report sent by the Judicial Service Commission regarding a complaint lodged against the Magistrate Mr. Niham Rasheed of the GDH. Rathafandhoo Magistrate Court. The Committee decided that the ruling made by the Judicial Service Commission was in accordance with the Constitution and in accordance with the Judicial Service Commission’s Act and was within the proper procedure.

  11. Report sent by the Judicial Service Commission regarding a complaint lodged against the Magistrate Mr. Ali Nasheed of the R. Inamaadhoo Magistrate Court. The Committee decided that the ruling made by the Judicial Service Commission was not per procedure.

Other works done by Judiciary Committee:

  • Meeting with the members of the Judicial Service Commission regarding the decision taken by the Judicial Service Commission on 12 June 2019 under the Judicial Service Commission’s number BCB/2019/110

  • Reviewed the training program under the MoU signed between China’s Supreme People’s Procuratorate Office and the Prosecutor General’s Office of Maldives.

  • Reviewed the applications for the appointment of the representative from the general public appointed by the Parliament to the Judicial Service Commission.

  • Reviewed the incomplete case backlog Report of the Criminal Court shared with parliament by the Judicial Service Commission.

  • Reviewed the report sent by the Judicial Service Commission on the unlawful decisions made by the Supreme Court against the Constitution which questions the ability of the judges to remain in position.

  • Reviewed the issue on the Supreme Court neutered the power and independence of the Human Rights Commission of the Maldives (HRCM).

  • Reviewed the report on the “Assessment of the Justice Sector Reform Proposals of the Republic of Maldives”, by South Africa’s retired Justice Johann Kriegler.

  • Reviewed the letter sent by the Secretary General of the Supreme Court of the Maldives requesting for arrangements to be made to proceed with the second amendment brought to the Judicial Service Commission Act (No. 10/2008).

  • Reviewed the case on the Deputy Director General of the High Court, Mr. Mohamed Nizam for the use of social media under an alias and breaching the discipline of his position.

  • Reviewed the report sent by the Judicial Service Commission regarding a complaint lodged against the Magistrate Mr. Moosa Naseem of K. Thulusdhoo Magistrate Court.

  • Reviewed the report sent by the Judicial Service Commission regarding a complaint lodged against the Magistrate Mr. Azeem Hassan of Ga. Villigili Magistrate Court.

  • Reviewed of the letters sent by the Public Accounts Committee for a review on various bribes taken by judges for certain rulings.

  • Reviewed and interviewed the applicants to appoint the representative from the general public to the Judicial Service Commission.

  • Reviewed the petitions, letters, representations or submissions from interested persons and institutions.

Meetings with Foreign Parties

  • Meeting with the retired Justice of the Constitutional Court of South Africa Johann Kriegler, and UNDP Policy specialist Jason Gluck to discuss the issues in the Judicial sector of the Maldives and ways to resolve them.

  • Meeting with Judicial Reform Expert Ms. Maya Goldstein Bolocan to discuss the issues in the Judicial sector of the Maldives and ways to resolve them.

  • Meeting with European Union Expert Mr. Pedro Gomes Pereira regarding the Maldives Strategic Action Plan 2019- 2023.

  • Meeting the members of the Department of Judicial Administration to discuss the difficulties faced in running the administration and ways to resolve them.

  • Meeting with Mr. Mohamed Zahir, member of Employment Tribunal who submitted a paper on ways to strengthen the Employment Tribunal works.

  • Meeting with the members of the Maldives BAR Council regarding the difficulties faced in running the institution and ways to resolve them.

  • Meeting with the Prosecutor General and the delegation of Prosecutor General Office to discuss the difficulties in running the Prosecutor General’s Office and ways to resolve them.

  • Meeting with the members of the Employment Tribunal to discuss the difficulties faced in running Employment Tribunal and ways to resolve them.

  • Meeting with the Maldives Arbitration Center to discuss the difficulties faced in running Maldives Arbitration Center and ways to resolve them.

Ends

For all media enquiries, please contact:

Mr. Hassan Ziyau
Director, Media and Communication
People’s Majlis Secretariat (Parliament of the Maldives)
Tel: 3312107 Email: media@majlis.gov.mv
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