Speaker: Constitution does not state MPs will lose their seats upon switching parties

Parliament Speaker Abdul Raheem Abdulla, on Tuesday, has claimed that the constitution does not state that lawmakers will lose their seats upon switching political parties.

He made the statement in response to remarks by opposition MDP’s Vaikaradhoo MP Hussain Ziyadh (Fittey) during the parliamentary debate on the report formulated by the Independent Institutions Committee concerning the appointment of a new member to the Maldives Broadcasting Commission (BroadCom).

Ziyadh questioned whether the operations of independent institutions were truly free from external influence. He further stated that despite the existence of an Independent Institutions Committee in Parliament, its work was not being carried out independently. He attributed this to the anti-defection clauses embedded in the constitution.

In this regard, Ziyadh said lawmakers has previously been individuals that acted at their own discretion; something which said has changed.

“Because of the change made by this honorable Parliament, there is fear [of being dismissed from their party. There is no freedom to independently speak,” he said.

“This is due to the fact that there is a clause in the constitution that will allow a party to see to it that a lawmaker loses their seat,” he added.

Many ruling PNC lawmakers filed for point of orders to respond to Ziyadh’s remarks, claiming they were working with utmost independence.

The Speaker also responded to his remarks.

“Honorable MP, there is no clause in the constitution stating a lawmaker will lose their seat upon switching parties. I have to correct this all the time. Has it been written anywhere in the constitution?” Speaker Abdul Raheem said.

In contradictory to Speaker Abdul Raheem’s claims, the constitutional amendment in question as submitted, passed and ratified in quick succession by the PNC-dominated Parliament on November 20th.

 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

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the Supreme 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 Judicial Service Commission (JSC) suspended three top court justices on February 26th – Husnu Al-Suood, Dr. Azmiralda Zahir and Mahaz Ali Zahir – as the Court reviewed the case, citing criminal investigations against them by the Anti-Corruption Commission (ACC). Suood subsequently resigned on March 4th.

On the same day the justices were suspended, the PNC-dominated Parliament passed a contentious amendment to the Judicature Act to downsize the Supreme Court bench from seven to five justices. 

JSC concluded its investigation into Azmiralda and Mahaz, and recommended their dismissal to the Parliament.

Parliament’s Judiciary Committee that reviewed the case, voted in favor of the controversial recommendation JSC and has forwarded the case to the floor, which will ultimately decide on the dismissal of the top court justices.

The suspension of the Supreme Court justices and the subsequent decision to dismiss them has garnered international attention as well. In this regard, various international and regional organizations have expressed their concerns surrounding the case.