Attorney General’s Drifting Pledge

By Mohamed Ashfag, 22^nd July 2004

Dr. Hassan Saeed
Attorney General

Hailed for his humble roots and integrity, the present Attorney General (AG) Dr. Hassan Saeed seemed a good choice for a nation in need of refinement of the legal framework. However, the knowledge from the hindsight suggests that nothing could be further from the truth!

The disappointment people felt with the style chosen by the broadcasting media in reporting the aftermath of Parliamentary walkout was consoled by the manner the print media’s (limited distribution nation wise) reporting of the account of events inside the parliamentary house on 19^th July 2004. However, this disappointment was not even close to what we felt with the reported performance of the nation’s attorney general.

Firstly, the citing of Article 35 in the Constitution and suggesting the legality of the wishes of the Presiding Authority despite the refusal of many MPs to accept that wish on the grounds of Article 133, depict not only unsound reasoning but also appear to be a weak attempt of a shrewd lawyer to exploit loopholes in the written Law. The Article 35 is in chapter 3 of the Constitution, which describes the Executive (the President) or in ordinary language, the top job of the country: Head of State, Head of Government, Commander-in-Chief of the Armed Forces and of Police of the Maldives. Out of the many Presidential aspects outlined in this chapter, so it is detailed in Article 35 the procedure for election of President (top job). However, the correlation AG offered with regard to the inclusion of such detailed procedure of electing the President in Chapter 3 and the omission of a similar typed detailed account in Chapter 6 of the Constitution, which describes the Legislature (People’s Special Majlis), is surely not at all a convincing proposition. Further, it should also be noted that in Chapter 11 of the Constitution that describes elections and public votes, is the Article 133 which require all voting in elections be conducted by secret ballot.

Secondly, the AG’s suggestion that contributed to make-believe that the various chapters in the present Constitution are somewhat self-governing accounts with little or no bearing to each other leaves us people open-mouthed. These concerns raise serious doubts in our hearts about Dr Hassan Saeed’s competency and readiness to act for people on the capacity of nation’s Attorney General. Let me declare that this comment does not in anyway imply or discredit Dr. Hassan Saeed’s proficiency achievements for which I, myself as a Maldivian am proud and have high regard for. The issue is AG’s ability to identify the actors and forces that shape our political environment and recognize the need to establish the voice of people as a player in the political arena. And let us all be reminded of the reasons behind the constituting of People’s Special Majlis with the task of re-drafting the Constitution in the first place. As far to my knowledge, one of the prime objectives of re-drafting the Constitution is to enhance the participatory level of people to influence all aspects of governance that affect their general well-being and to establish a mechanism of judicial review.

Thirdly, the notion highlighted by AG with the pointing of the fact that the preferred method of voting by the Presiding Authority is a common approach adopted in parliamentary proceeding around the world, is surely ignoring the call of many elected MP's to choose the fairer and the alternative option clearly made available in the present Constitution. It should also be noted that in many parliamentary proceeding, even here in Maldives where the need is to pass or reject a motion, the AG’s favoured method of voting is adopted. However, the issue here is on the election of a Speaker to the Special Majlis and the desire of peoples’ elected MP's to provide as greater an opportunity for an elected MP to be elected as the Speaker rather than an appointed MP of President Gayyoom.

Finally, it is worth praising the appointed MP of President, Minister of Planning and National Development Mr. Hamdhoon Hameed on his display of quality statesmanship and his ability of make timely decisions after the assessment of the operating environment. I would also like to draw to the attention of all MP's elected and appointed to the People’s Special Majlis on the serious concern of advocating the personal opinions far beyond that is required and necessary. Furthermore, it would be beneficial to reaffirm oneself on the oath taken by all MP's of the People’s Special Majlis, which stipulate the parameters within which MP’s recommendations and actions should be and is clearly stated on page 58 of the Constitution.

I hope these events induce the authorities to acknowledge the urgent need of ordinary people to have the live broadcasting of Special Majlis proceedings in order to facilitate opinion formation at citizens’ level.