Ali Hussain: Rushed constitutional amendment made in violation of procedure

Former Kendhoo MP Ali Hussain, who has lodged a case challenging a contentious amendment to add anti-defection provisions to the Maldivian Constitution, told the Supreme Court on Tuesday that he believes the constitutional amendment was made in violation of proper procedure.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20. It added three more circumstances where parliamentarians will lose their seat. They are:

• If a parliamentarian resigns from or is dismissed or expelled from the party they were elected on behalf of
• If a parliamentarian switches parties or is dismissed or expelled from a party
• If an independent parliamentarian joins a party

Ali, an attorney-at-law, filed a constitutional case with the top court on November 24, seeking to have the new provisions annulled.

At Tuesday morning’s hearing, as the top court heard arguments in the case for a second day, Ali rejected the state’s assertion that the amendment was made in accordance with proper procedure.

He said that though it may appear that way, he does not believe the procedures set down under Chapter 12 of the Constitution was followed when making the amendment.

Ali said that the fact that the bill was submitted, all three readings done, passed, and then ratified by President Dr. Mohamed Muizzu in a single day also violates the principle of discussion that parliamentarians are required to uphold.

“We do not believe there is room to establish it was passed in accordance with procedure,” he said.

However, representatives from the Attorney General’s Office argued that all procedures were followed when making the amendment, and that the Supreme Court does not have the jurisdiction to hear the case.

Ali filed the case based on the argument that  the amendment violates five specific articles of the Constitution. They are:

• Article 4: Powers of the citizens

All the powers of the State of the Maldives are derived from, and remain with, the citizens.

• Article 8: Supremacy of Constitution

The powers of the State shall be exercised in accordance with this Constitution.

• Article 26: Right to vote and run for public office

Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right:

a. to vote in elections, and in public referendums, which shall be held by secret ballot;

b. to run for public office;

c. to take part in the conduct of public affairs, directly or through freely chosen representatives.

• Article 75: Function of members

Members of the People's Majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. They shall represent not only their constituencies but the country as a whole.

• Article 90: Privilege

a. No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People's Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.

b. No person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the People's Majlis, or in respect of any fair and accurate report of the proceedings of the People's Majlis or any of its committees, where this is done in accordance with principles specified by the People's Majlis.

The legislature was passed by the Parliament, of which the ruling People's National Congress (PNC) holds a supermajority, amid protests by parliamentarians from the Maldivian Democratic Party (MDP) – who hold just a dozen seats in the 93-member Parliament.

MDP said at the time that they weren’t opposed to anti-defection provisions in principle. But they do not believe it should apply to parliamentarians who are expelled – a move that they say severely undermines the independence of parliamentarians.

They also objected to the lack of extensive consultation and debate before making constitutional amendments.

Amendments proposed by the MDP to stipulate that parliamentarians expelled from their parties can only be removed after a recall referendum were rejected.

However, President Dr. Mohamed Muizzu defended the contentious constitutional amendments, describing them as crucial for Maldives’ stability.

Meanwhile, Abdul Raheem Abdulla, the Speaker of the Parliament and chairperson of the PNC, said that legislature would be formulated to strengthen the process for expulsion from political parties.