The ruling People's National Congress (PNC) has made a change to the Judiciary Committee of the People's Majlis as it considers the report on the dismissal of two Supreme Court justices.
Feydhoo North MP Ismail Nizar was replaced by Kolamaafushi MP Ibrahim Didi. Speaker and Fonadhoo MP Abdul Raheem Abdulla announced the change at Wednesday morning's parliament sitting. But he did not state a reason for the change.
Nine of the 11 members of the Judiciary Committee are PNC MPs. The remaining two members are from the opposition Maldivian Democratic Party (MDP). They are MDP parliamentary group leader and Hithadhoo South MP Ibrahim Nazil and Kendhoo MP Mauroof Zakir.
Supreme Court Justices Azmiralda Zahir and Mahaz Ali Zahir were dismissed after an inquiry by a subcommittee of the Judicial Service Commission (JSC). The JSC's report must be approved by the parliament to officially dismiss the justices.
The JSC launched abrupt proceedings against the Justices after the Supreme Court began hearing the constitutional amendment that empowers political parties to disqualify MPs for switching parties.
The members of the JSC subcommittee, which recommended the dismissal, are Mohamed Nasih, Yazmeed Mohamed and Ali Abdul Latheef. Nasih and Yazmeed are appointed by Muizzu. Nasih is the Chairperson of the Civil Service Commission (CSC) and Yazmeen is Muizzu's representative on the JSC.
Azmiralda, Mahaz and former Justice Husnu Suood were suspended on February 26, shortly before a hearing on the constitutional case, after the Anti-Corruption Commission (ACC) fabricated a criminal investigation against them and failed to follow procedures in rushing the letter about the investigation to the JSC.
They were suspended without an opportunity to respond to the allegations. They have accused President Dr. Mohamed Muizzu and his Attorney General (AG) Ahmed Usham of attempting to influence the judges to conclude the constitutional case in favour of the government.
Suood resigned in protest against intimidation and influence from Muizzu and Usham. But Muizzu has denied the accusation.
The JSC did not allow Mahaz and Azmiralda to seek the assistance of legal counsel and present evidence and witnesses during the proceedings.
Meanwhile, the Human Rights Watch (HRW) has called for the suspension of two Supreme Court judges to be lifted and their posts restored.
A UN expert had also expressed concern as the chosen counsel of the justices were not given the opportunity to speak at the disciplinary proceedings.
“The disciplinary proceedings brought against three of the Supreme Court’s Justices appear to violate the principle that judges can only be dismissed on serious grounds of misconduct or incompetence and in accordance with fair procedures guaranteeing objectivity and impartiality as provided for by the Constitution or the law,” said Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers.
“The pressure of suspensions, disciplinary proceedings and investigations may amount to an interference in the independence of this institution.”
