Read the full press statement in English
27 February 2025:
Transparency Maldives expresses serious concerns over the Maldivian government’s and the Parliament’s repeated disregard for the Constitution, as reflected in its ongoing attempts to consolidate power, weaken institutional independence, and circumvent legal safeguards designed to uphold democratic governance. Along with the hasty procedures, the substantive changes clearly demonstrate that these unconstitutional decisions have been made for political gain and with undue influence, while undermining rule of law, principles of democratic governance and public interest.
On 21 November 2024, Transparency Maldives published a press statement raising concerns relating to the hasty Constitutional amendment that was passed on 20 November 2024 which included an amendment to Article 73 stipulating that a member of parliament will lose their seat if they resign from, or are removed from, the political party through which they were elected. Similarly, the amendment stated that an independent member joining a political party will also forfeit their seat. These provisions undermine the foundational democratic principle of representative choice and constrain the political independence of parliamentarians.
Transparency Maldives also express serious concerns regarding the recent unconstitutional amendment to the Judicature Act (Law No. 22/2010) that reduced the number of Supreme Court justices from 7 (seven) to 5 (five). The bill for the amendment was presented, debated, and accepted by Parliament on 25 February 2025, after which the Judiciary Committee approved it without any changes in a meeting held shortly after the vote. It is particularly concerning the amendment did not clearly specify the purpose of the amendment or the outcome it seeks to achieve.
On 26 February 2025, the Judicial Service Commission (JSC) suspended Supreme Court justices, Justice Husnu Su’ood, Justice Mahaz Ali Zahir, and Justice Dr Azmiralda Zahir in connection with an ongoing investigation by the Anti-Corruption Commission (ACC). ACC has not provided further details or clarity regarding these allegations.
The amendment to the Judicature Act, downsizing the supreme court bench and the suspension of the 3 (three) supreme court justices, comes at a crucial time where the Supreme Court is currently hearing a constitutional case regarding the validity of the amendments to the Constitution of the Maldives, that was passed on 20 November 2024. The second Supreme Court hearing for the case challenging the Constitutional amendments, scheduled for 11:00 AM on February 26, was canceled because the suspension of three justices left the court without a quorum. Reportedly, lawyers had already arrived at the courthouse when the cancellation was announced. The timeline of these events arouses suspicion of a deliberate effort to oust the incumbent justices under the pretext of “misconduct.”
Transparency Maldives’ concerns regarding this issue include:
- Risk of State Capture: The hastened passing and ratifying of laws through the recent amendments brought to the constitution could compel parliament members to vote in favor of any political party whip line. Hence paving way for the executive or the ruling party to influence the legislative for specific interests. The bypassing of procedural safeguards and rushed decisions undermines democratic principles and weakens institutional checks and balances.
- Undermining Judicial Independence: Reverting to identified previous bad practices by bringing unnecessary changes to the benches within the judiciary to influence a power of state that in essentials needs to be independent to uphold one of the basic principles of democracy, separation of powers.
- Risks to the integrity and independence of the Anti-Corruption Commission (ACC): The Anti-Corruption Commission, under political influence, may be used as a tool for the ruling party to target justices who oppose its agenda, undermining the ACC’s independence and credibility.
The actions of the government pose significant risks to the independence of the judiciary and have far-reaching implications for the separation of powers in the country. A well-balanced distribution of power among the Executive, Legislature, and Judiciary is essential for a functioning democracy, ensuring effective checks and balances and safeguarding against undue influence over the judiciary. Any reforms affecting the highest court must be approached with transparency, broad consultation, and a commitment to upholding the rule of law.
Any amendments affecting the composition of the Supreme Court must consider potential risks opening the doors to corruption and miscarriage of justice. The principle of an independent judiciary is further reinforced by international commitments, including the United Nations Convention Against Corruption (UNCAC), which emphasizes the need for an independent and effective judiciary to prevent corruption and safeguard democratic governance.
Moreover, rather than diminishing or taking power away from a critical branch of the government that serves as the final adjudication on constitutional, civil, and criminal matters in maintaining justice, efforts must be concentrated at strengthening current institutions in fulfilling their constitutional and legal mandates.
Transparency Maldives urgently calls on the State including the President of the Maldives, the Parliament, the Judicial Services Commission, the Anti-Corruption Commission, the Judiciary Committee, the Attorney General’s Office and other relevant state bodies to:
- Reconsider the amendment to the Judicature Act, which contravenes fundamental constitutional principles, including the separation of powers and judicial independence.
- Ensure that any judicial reforms occur through a transparent, consultative, and evidence-based process, prioritizing constitutional principles, international best practices, and the long-term integrity of the judiciary.
- Uphold the independence of the judiciary by refraining from politically motivated actions that compromise judicial integrity, including undue interference in judicial appointments, suspensions, and decision-making processes.
- Strengthen institutional safeguards to prevent state capture, ensuring that independent bodies such as the Judicial Service Commission (JSC) and the Anti-Corruption Commission (ACC) function free from political influence and act in the public interest.
- Engage civil society organizations (CSOs), the legal fraternity and other stakeholders in meaningful dialogue, actively considering their concerns and recommendations in all governance and judicial reform efforts.
- Take urgent steps to restore public trust in the judiciary and democratic institutions by ensuring that all branches of government operate with transparency, integrity, and a commitment to upholding the rule of law.
The Corruption Perception Index published on 11 February 2025 showed that Maldives had fallen one point from 39 to 38, similar to the points received over the last few years, signifying that corruption risks and weak accountability is still highly prevalent and not enough has been done to improve anti-corruption mechanisms. Measures to enhance good governance, reinforce accountability, and build public trust are crucial for preserving and strengthening the democratic foundation of the country.