We, the undersigned, call on President Mohamed Muizzu not to ratify the recent amendments to the Judicature Act (law no. 22/2010) which reduces the Supreme Court bench from seven to five judges. We further call on the Judicial Service Commission (JSC) to practice institutional and legal due diligence and immediately lift the sudden and questionable suspension of Supreme Court Justices, Justice Dr Azmiralda Zahir, Justice Husnu Su’ood, and Justice Mahaz Ali Zahir.
We note that the Bar Council of the Maldives has declared the above actions to be unconstitutional. Moreover, we reiterate the calls from Transparency Maldives expressing concerns at these unconstitutional actions. Moreover, we recognise related concerns raised in a petition on the matter submitted by the lawyers’ community to the People’s Majlis.
The alarming actions of the parliament to obstruct the representation of the peoples’ will at the legislature through the sixth amendment to the Constitution (20th November 2024) was subsequently contested at the Supreme Court, which is the envisioned course of action in the Constitution where such an amendment is viewed unconstitutional. The case submitted to the Supreme Court by former MP Ali Hussain must be allowed to run its judicial legal course. This case must not be disrupted through undue interference by the Executive or the Legislature, either directly or indirectly, by undermining the established Constitutional legal and institutional processes.
The parliament has effectively nullified the Constitutional foundations of checks and balances between State powers, by passing legislation that directly attacks the Supreme Court. The Supreme Court expedited a hearing for an injunction to the Constitutional amendment in a sitting of the full bench of the court on 26 February 2025. This was followed by the arbitrary decision to suspend three of the sitting Justices of the Supreme Court by a rapidly convened extraordinary meeting of some members of the JSC, which is irregular and deeply disturbing. This is especially so because of the alleged deliberate exclusion of some of the sitting representatives of the judiciary at the JSC.
Hence, there is strong reason to believe that the actions of the Judicial Service Commission approximately 15 minutes prior to the above-mentioned hearing is an obstruction to the course of justice and a deliberate attempt to paralyze the Supreme Court and the constitutionally defined judicial review process.
We urge the president to adhere to Article 141 of the Constitution which explicitly states that “(c) No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”
ENDS
Association for Democracy in the Maldives
Transparency Maldives
Save Maldives
Zero Waste Maldives
Mental Health Support Group