Independent Orgs Call on Pres to Not Ratify Amendments to Judicature Act

Independent organisations in the Maldives called on President Dr Mohamed Muizzu yesterday to not ratify the amendments made to the Judicature Act. 

In a joint press release, the Association for Democracy in the Maldives, Transparency Maldives, Save Maldives, Zero Waste Maldives, and Mental Health Support Group called on President Muizzu to not ratify the recent amendments to the Judicature Act which reduces the number of Supreme Court judges on the bench from seven to five. 

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The amendment proposed by People’s National Congress (PNC) member and Parliamentarian for the Holhudhoo constituency was passed on February 26 with 68 votes. Six legislators voted against the bill.  

The organisations also called on the Judicial Service Commission (JSC) to lift the suspension of three Supreme Court Justices as well.

“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,” the organisations said. 

Additionally, they emphasised that the Bar Council of the Maldives had expressed concerns over the amendments to the Judicature Act, deeming them unconstitutional. They also reiterated Transparency Maldives’ earlier statements, which similarly raised alarms about these unconstitutional actions. Furthermore, they urged the government to refrain from interfering with or influencing the ongoing case before the Supreme Court regarding constitutional amendments that would enable MPs to lose their seats if they are dismissed from, or leave, the party through which they were elected.

“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,” they said.

They criticised Parliament for nullifying the constitutional checks and balances between state powers. On 26 February 2025, the Supreme Court expedited a hearing for an injunction against the constitutional amendment during a full bench sitting. This was followed by the arbitrary suspension of three sitting Justices of the Supreme Court, decided in a hastily convened extraordinary meeting of certain members of the Judicial Service Commission (JSC). The organisations called this move as “irregular and deeply troubling”, particularly due to the alleged deliberate exclusion of some 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,” the five organisations said in their joint statement. 

Citing Article 141 of the Constitution which states “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts,” they call on the President to adhere to it.