Monday, April 14, 2008

Sp. Majlis in chaos when annulment of constitution is passed

Drama unfolded at the Special Majlis yesteday when it passed to annul the constitution currently in force in the ongoing endorsements of articles of the transitional chapter. When the Special Majlis passed to annul the 1998 constitution disagreements among members erupted resulting in heated debates and series of points of orders being taken.

The article which was the main cause of the disagreements was proposal 20. Clause (b) of the proposal subtitled “entry into force” states that the day this constitution comes in to force, the constitution of the Republic of Maldives which has been in force since I January 1998 will be annulled.

The first to protest by taking point of order was MP for Male’ Ibrahim Ismail as well as the Chairman of the Drafting Committee of the Special Majlis. Ibra raised the point of order and protested when the Chair was about to call for vote on article 24. According to Ibra with the Majlis endorsement of the clause (b) of proposal 20, the president, the cabinet, the people’s Majlis and other constitutionally empowered institutions will lose legal authority. Ibra said this will eventually lead to country going ashtray.

Responding to Ibra’s comments Legal Reform Minister Mohamed Nasheed said Ibra’s remarks do not have any weight. He said the legal authority of the government would not cease to exist even though clause (b) of proposal 20 is passed. Legal Reform Minister pointed out if the current constitution is not annulled when the revised constitution comes in to force, then 2 constitutions will be in force at the same time and will be a constant contradiction to each other.

Deputy Speaker of the Majlis Shaheen Hameed also raised a point of order and supported Minister Nasheed. Shaheen also stated that article 24 can be put to vote despite Ibra saying it cannot be done.

Ibra raising point of order for a second time strongly criticized Shaheen’s and Nasheed’s comments. At this point opposition members by taking points of orders joined in to support Ibra.

Tensions increased in the Majlis when MP for Baa Atoll Ali Faiz used a point of order to openly criticize Minister Nasheed. MP Faiz said that Minister Nasheed has a forked tongue. With MP Faiz verbally attacking Minister Nasheed, Minister Nasheed too responded strongly and was seen waiving his arms and shouting. Both men were ardently defending their points of views. However when MP for Laamu Atoll Recco Moosa using a point of order criticized Minister Nasheed , Minister Nasheed also responded and defended his point. Speaker Qasim announced the end of yesterday’s morning session when argument between Ricco Moosa and Nasheed was going on.

At yesterday’s session voting was called for member proposals which were agreed upon at unofficial meetings. Speaker Qsasim did not ask for vote on proposal 17 as it includes a clause which contradicts the constitution. However proposal 2 to proposal 23 was put to vote. According to Speaker Qasim proposal 17 contradicts article 46 of the revised constitution. Speaker later ruled that a final decision on the proposal 17 would be taken later in accordance with the wishes of many members.

Yesterday’s session was attended by 100 members. It must be noted that the proposals passed with the full support of DRP members were articles which makes reference to “this constitution”. Some members pointed this out by raising points of orders. In this regard although some proposals were agreed up on at unofficial meetings, they failed to pass as DRP members did not offer their support as these proposals did not contain “this constitution”. Before closing the morning session Speaker announced that a session would be held in the afternoon.

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