JSC’s Re-Appointment of Judges outside Constitutional Provisions remains a “Huge Challenge” – President

Sunday, January 29th, 2012

Abdul Latheef

President Mohamed Nasheed has said the reappointment of judges by the Judicial Service Commission (JSC) in conflict of the Constitution remains a “huge challenge” faced by the Maldives.

Speaking in his weekly radio address on Friday, the President noted that while the JSC was tasked with the appointment of judges in accordance with a vetting criterion established under a statute relating to the Judges, JSC had reappointed judges before the parliament approved the required statute.

In May 2010, the government, in a letter to the JSC, raised its concerns on the vetting criterion established by the JSC.

The President, in particular, noted that a number of sitting Judges lacked the proper education qualifications and ethical conduct required of Judges.

The President said: “While the Act relating to Judges was passed in August 2010, and while the Constitution is very clear that Judges cannot be appointed without this Act, to date the JSC has failed to reappoint Judges.”

“The Supreme Court Judges were appointed in accordance with the Constitution and law. The High Court bench was appointed in accordance with the Constitution and law.

However, it is hard to say that the lower court Judges were appointed as per the Constitution and law,” added the President

In his speech, President Nasheed highlighted the four major areas of reform completed under the 2008 Constitution: change of regime through multiparty elections; election of a new parliament; introduction of decentralized administration; and, election of local councils.

The major remaining reform envisioned by the Constitution, he continued, was the establishment of an independent and competent judiciary.

“I am sure together with all citizens, we could speedily and confidently complete this remaining task.”

The President concluded his radio address reaffirming his unwavering commitment as Head of State in defending the Constitution.

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