Minivan news
The Special Majlis (constitutional assembly) has rejected the constitutional wording relating to presidential immunity from prosecution for the third time.
Article 18 of the presidential chapter, which describes how a president can be brought before the law for criminal activity, was rejected again by members on Thursday.
The division led Speaker of the Special Majlis Gasim Ibrahim to threaten to exclude it from the constitution altogether if the Majlis did not reach a consensus.
Debate
The proposed article states the President should be answerable for any alleged criminal offence committed before or during his term in office – but grants the People's Majlis the capacity to delay proceedings until the end of the President's term.
The second clause of the same article adds that criminal proceedings shall not be instituted against the President if he acted with good intention, in accordance with Islamic Shari'ah and the constitution.
Aneesa Ahmed, head of the ruling Dhivehi Rayyithunge Party (DRP)'s parliamentary group, told Minivan News that the article did not pass because the MP's who voted against were "not happy" with the wording.
But Mariya Ahmed Didi, MP for Kaafu atoll and a member of the Maldivian Democratic Party (MDP) said that she now did not know how the drafting committee could redraft the wording to appease the MPs who rejected it.
And independent Member of Parliament (MP) for Male' Ahmed Athif argued that since an article had already been passed saying that "everyone is equal before the law", Article 18 is unnecessary.
What Now?
Gasim said that he would consider including the relevant clause from the current constitution, meaning that the president would remain practically immune from any prosecution.
The current constitution rules that, during presidency, "no proceedings shall be instituted or continued against [the president] in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity".
After vacating office, no proceedings can be initiated unless such matter is "duly submitted to the People's Majlis and is passed by two-thirds majority of the said Majlis", it reads.
But Mohamed Nasheed (Colonel) from the fledgling Social Liberal Party said that he believed that even if the new Article 18 did not pass, it will be compensated for by legislation due to be brought in by the time the constitution in progress comes into effect.
And Aneesa said today that if the Constitution of Maldives remains "silent" on the issue, she believed it would be up to the Prosecutor General to decide.
Special Majlis
Meanwhile at Thursday's sitting, members of the Parliament endorsed wording saying ambassadors and commissioners can be assigned to foreign governments and international bodies with approval from the Majlis.
Further discussion of Article 18 has not been tabled by the Speaker, who ended Thursday's sitting abruptly.
The Special Majlis will be convened next week, provided that the draft chapter on transitional arrangements is complete.
The Special Majlis (constitutional assembly) has rejected the constitutional wording relating to presidential immunity from prosecution for the third time.
Article 18 of the presidential chapter, which describes how a president can be brought before the law for criminal activity, was rejected again by members on Thursday.
The division led Speaker of the Special Majlis Gasim Ibrahim to threaten to exclude it from the constitution altogether if the Majlis did not reach a consensus.
Debate
The proposed article states the President should be answerable for any alleged criminal offence committed before or during his term in office – but grants the People's Majlis the capacity to delay proceedings until the end of the President's term.
The second clause of the same article adds that criminal proceedings shall not be instituted against the President if he acted with good intention, in accordance with Islamic Shari'ah and the constitution.
Aneesa Ahmed, head of the ruling Dhivehi Rayyithunge Party (DRP)'s parliamentary group, told Minivan News that the article did not pass because the MP's who voted against were "not happy" with the wording.
But Mariya Ahmed Didi, MP for Kaafu atoll and a member of the Maldivian Democratic Party (MDP) said that she now did not know how the drafting committee could redraft the wording to appease the MPs who rejected it.And independent Member of Parliament (MP) for Male' Ahmed Athif argued that since an article had already been passed saying that "everyone is equal before the law", Article 18 is unnecessary.
What Now?
Gasim said that he would consider including the relevant clause from the current constitution, meaning that the president would remain practically immune from any prosecution.
The current constitution rules that, during presidency, "no proceedings shall be instituted or continued against [the president] in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity".
After vacating office, no proceedings can be initiated unless such matter is "duly submitted to the People's Majlis and is passed by two-thirds majority of the said Majlis", it reads.
But Mohamed Nasheed (Colonel) from the fledgling Social Liberal Party said that he believed that even if the new Article 18 did not pass, it will be compensated for by legislation due to be brought in by the time the constitution in progress comes into effect.
And Aneesa said today that if the Constitution of Maldives remains "silent" on the issue, she believed it would be up to the Prosecutor General to decide.
Special Majlis
Meanwhile at Thursday's sitting, members of the Parliament endorsed wording saying ambassadors and commissioners can be assigned to foreign governments and international bodies with approval from the Majlis.
Further discussion of Article 18 has not been tabled by the Speaker, who ended Thursday's sitting abruptly.
The Special Majlis will be convened next week, provided that the draft chapter on transitional arrangements is complete.
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