Fahmy

The parliament has said that the decision by the parliament to remove Mohamed Fahmy Hassan from the post of member of Civil Service Commission, was within the constitutional powers of the parliament.

Parliament Counsel General Fathimath Filza said today at the first hearing of the case filed by Fahmy against the parliament, that the constitution gives the parliament the authority to appoint and remove persons from the Civil Service Commission.

She said that the constitution states that the parliament has the authority to remove members of independent institutions from their posts, in the event that that they are involved in activities not suitable for persons holding those posts.

Filza said that the Parliament Committee on Independent Institutions made the decision to remove Fahmy from his post after giving both stakeholders the chance to present their defence. She said that their stories were studied by the committee before it decided that the accusations against Fahmy were more likely to be true than untrue.

When asked by the judges if the decision to dismiss Fahmy was an administrative one, Filza said that it was not an administrative decision but a parliamentary decision.

Filza also raised a procedural point saying that the parliament cannot be prosecuted. This was dismissed by the judges who said that hearings on that case would not be held unless Fahmy had the authority to press charges.

At today’s proceeding, Filza’s claims were denied by Fahmy, who said that the decision was unfounded.

Fahmy’s lawyer Mohamed Waheed Ibrahim said that the actions of the parliament had resulted in Fahmy’s reputation being damaged, and that the parliament should not be allowed to act in such a manner. Waheed said that the decision was unjust, unfounded and based on false allegations.

Waheed said that the decision was against articles 20, 42, 43 (a) and 51 (h) of the constitution, and that it was made outside constitutional principles. As the decision by the Parliament Committee on Independent Institutions to remove Fahmy was made in violation of procedures, Waheed asked the court to declare void all action that had followed in relation to this decision.