Can Gayoom stand for President again?
| DATE: 2008-01-16 | PRINT | Share
Gayoom has already officially declared that he will be in the running for President again to oversee completion of his democratic Reform Agenda, and opposition MPs have continuously sought to block him from running for President again.
However, on Monday the Majlis' 59 MPs, a majority, voted to remove the sub clause which stated that anyone who has already performed two terms as President cannot stand for office again.
Instead, an amendment was adopted to state that any person who has served two terms as President, whether consecutively or not, under the amended Constitution cannot run for office again. This was adopted after 66 out of the 99 MPs present at the sitting voted to adopt the motion. Eighteen MPs voted against, while 12 MPs abstained, most of them MPs belonging to the main opposition Maldivian Democratic Party which is seeking to unseat President Gayoom who has served for six consecutive terms from 1978.
All amendments submitted to the Chapter on the President of the Republic that will have blocked Gayoom's chances of running for office again failed to pass at the PSM where the Government enjoys a clear majority with ruling Dhivehi Rayyithunge Party MPs.
However, in the absence of a Constitutional Court to interpret the Constitution, confusion has already arisen as both the Government and the opposition claimed that Monday was a victorious day for them.
Opposition MPs claimed that because the Chapter makes a reference to "this Constitution", it meant that the amended Constitution is not a new one, but the one that currently is being implemented and amended.
However, DRP MPs refuted opposition claims and said that "there is no question that President Gayoom can stand for office again."
Even before and after the Chapter on the President of the Republic was amended, opposition MPs had requested Speaker Qasim Ibrahim to clear any confusion whether the work that was being carried out was amending the current Constitution or coming up with a new Constitution.
Qasim replied that from the letters sent by President Gayoom to the Majlis, and from the regulations regulating the Majlis, it was evident that the Constitution was being amended, not that a new Constitution was being established. When he said that, he received applause from opposition MPs and some members of the public who attended the sitting.
When Qasim gave that response, Addu atoll MP Husnu Suood requested Qasim to declare that Gayoom cannot stand for President again. But Qasim did not respond to that.
Laamu atoll MP Moosa Maniku then said that the only way Gayoom can become President again will be like the "Portuguese usurping power" in Maldives, a reference to the short rule of Maldives by the Portuguese centuries back.
Legal Reform and Information Minister Mohamed Nasheed said that the problem does not start with that clause alone.
Attorney General and Presidential appointee Aishath Azima Shakoor said that the Speaker is not eligible to interpret the Constitution.
At a press conference later on Monday by the DRP, Azima said that the word "amendment" can mean that it is a new Constitution that is being compiled.
"We received a completely revised draft Constitution though it contained some of the clauses of the current Constitution. But the Clause numbers had dramatically changed, too," she said.
Legal Reform Commissioner and Presidential appointee to the PSM said that when the amended Constitution refers to "this Constitution", it clearly meant that the country will be bowing to a new Constitution.
Anil pointed out that if this was not a new Constitution that was going to be adopted, many laws and regulations will be in contravention to the amended Constitution.
He said that already it has been approved that any laws and regulations which contradict the amended Constitution will be done away with once the amended Constitution is being implemented but that rights, responsibilities or punishments that does not contradict with the amended Constitution will remain in place.
Suood on Monday said that DRP MPs were aware that it was not a new Constitution that was being compiled, and that they had said so at some of the debates.
"Some DRP MPs have admitted that it was an oversight of their legal team that they failed to specify whether this is a new Constitution that is being compiled or whether this is the amendment of the current Constitution," the lawyer said.
"There are both pros and cons to this case," he said.
The controversy cannot be settled by the PSM but will have to be interpreted by the Supreme Court that is to be established under the amended Constitution, Suood added.
He elaborated that since the mandate of the PSM was only amending the Constitution, the Majlis cannot ask for a vote to specify whether it was dealing with a new Constitution or amendment of the current Constitution.
However, the DRP said that the matter was clear that it was a totally new Constitution that Maldives is going to adopt.
The PSM's Drafting Committee's member Ibrahim "Ibra" Ismail told Monday’s sitting that the matter may have to be settled by the future Supreme Court.
Anil said that the matter may be settled with further interpretation of the wording of the Constitution and through the Chapter on the transitional period when the Constitution is implemented.
He ruled out having to go to the Supreme Court to settle the matter.
DRP MP for Addu atoll Ibrahim Shareef, who earlier left the MDP, said that it was evident that this was a new Constitution that was to be implemented, and that this fact was evident because the opposition itself was calling for a transitional period and an interim government.
Anil alleged that MDP MPs did not vote for the amendments that were adopted on Monday because they wanted to block Gayoom from coming to power again.
However, Suood said that it was because they wanted to vote for the way the amendments were drafted originally.
| DATE: 2008-01-16 | PRINT | Share
MALE, January 16, 2008 (Haveeru News Service) -- The People's Special Majlis, the interim constitutional assembly tasked with amending the Constitution, on Monday adopted to remove a sub clause which stated that a person who has already served two terms as President cannot stand for President again. This may pave way for President Maumoon Abdul Gayoom to contest for a seventh term during the Presidential elections of this year.
Gayoom has already officially declared that he will be in the running for President again to oversee completion of his democratic Reform Agenda, and opposition MPs have continuously sought to block him from running for President again.
However, on Monday the Majlis' 59 MPs, a majority, voted to remove the sub clause which stated that anyone who has already performed two terms as President cannot stand for office again.
Instead, an amendment was adopted to state that any person who has served two terms as President, whether consecutively or not, under the amended Constitution cannot run for office again. This was adopted after 66 out of the 99 MPs present at the sitting voted to adopt the motion. Eighteen MPs voted against, while 12 MPs abstained, most of them MPs belonging to the main opposition Maldivian Democratic Party which is seeking to unseat President Gayoom who has served for six consecutive terms from 1978.
All amendments submitted to the Chapter on the President of the Republic that will have blocked Gayoom's chances of running for office again failed to pass at the PSM where the Government enjoys a clear majority with ruling Dhivehi Rayyithunge Party MPs.
However, in the absence of a Constitutional Court to interpret the Constitution, confusion has already arisen as both the Government and the opposition claimed that Monday was a victorious day for them.
Opposition MPs claimed that because the Chapter makes a reference to "this Constitution", it meant that the amended Constitution is not a new one, but the one that currently is being implemented and amended.
However, DRP MPs refuted opposition claims and said that "there is no question that President Gayoom can stand for office again."
Even before and after the Chapter on the President of the Republic was amended, opposition MPs had requested Speaker Qasim Ibrahim to clear any confusion whether the work that was being carried out was amending the current Constitution or coming up with a new Constitution.
Qasim replied that from the letters sent by President Gayoom to the Majlis, and from the regulations regulating the Majlis, it was evident that the Constitution was being amended, not that a new Constitution was being established. When he said that, he received applause from opposition MPs and some members of the public who attended the sitting.
When Qasim gave that response, Addu atoll MP Husnu Suood requested Qasim to declare that Gayoom cannot stand for President again. But Qasim did not respond to that.
Laamu atoll MP Moosa Maniku then said that the only way Gayoom can become President again will be like the "Portuguese usurping power" in Maldives, a reference to the short rule of Maldives by the Portuguese centuries back.
Legal Reform and Information Minister Mohamed Nasheed said that the problem does not start with that clause alone.
Attorney General and Presidential appointee Aishath Azima Shakoor said that the Speaker is not eligible to interpret the Constitution.
At a press conference later on Monday by the DRP, Azima said that the word "amendment" can mean that it is a new Constitution that is being compiled.
"We received a completely revised draft Constitution though it contained some of the clauses of the current Constitution. But the Clause numbers had dramatically changed, too," she said.
Legal Reform Commissioner and Presidential appointee to the PSM said that when the amended Constitution refers to "this Constitution", it clearly meant that the country will be bowing to a new Constitution.
Anil pointed out that if this was not a new Constitution that was going to be adopted, many laws and regulations will be in contravention to the amended Constitution.
He said that already it has been approved that any laws and regulations which contradict the amended Constitution will be done away with once the amended Constitution is being implemented but that rights, responsibilities or punishments that does not contradict with the amended Constitution will remain in place.
Suood on Monday said that DRP MPs were aware that it was not a new Constitution that was being compiled, and that they had said so at some of the debates.
"Some DRP MPs have admitted that it was an oversight of their legal team that they failed to specify whether this is a new Constitution that is being compiled or whether this is the amendment of the current Constitution," the lawyer said.
"There are both pros and cons to this case," he said.
The controversy cannot be settled by the PSM but will have to be interpreted by the Supreme Court that is to be established under the amended Constitution, Suood added.
He elaborated that since the mandate of the PSM was only amending the Constitution, the Majlis cannot ask for a vote to specify whether it was dealing with a new Constitution or amendment of the current Constitution.
However, the DRP said that the matter was clear that it was a totally new Constitution that Maldives is going to adopt.
The PSM's Drafting Committee's member Ibrahim "Ibra" Ismail told Monday’s sitting that the matter may have to be settled by the future Supreme Court.
Anil said that the matter may be settled with further interpretation of the wording of the Constitution and through the Chapter on the transitional period when the Constitution is implemented.
He ruled out having to go to the Supreme Court to settle the matter.
DRP MP for Addu atoll Ibrahim Shareef, who earlier left the MDP, said that it was evident that this was a new Constitution that was to be implemented, and that this fact was evident because the opposition itself was calling for a transitional period and an interim government.
Anil alleged that MDP MPs did not vote for the amendments that were adopted on Monday because they wanted to block Gayoom from coming to power again.
However, Suood said that it was because they wanted to vote for the way the amendments were drafted originally.
On Feature
World Cup controversies: Vuvuzela ban chorus- Spinning, jumping ‘Jabulani’ a disaster for players?
- Commonwealth Media Development Workshop: Session 4
- Commonwealth Media Development Workshop: Session 3
- Commonwealth Media Development Workshop: Session 2
- Commonwealth Media Development Workshop: Session 1
- World Cup: One world, one game, one spirit
- Interview: new UN Resident Coordinator “committed to continue good work”
- World Environment Day and the Avatar-style of awareness
- Thalassaemia: Situation in Maldives