Constitution Sent Back To President With Ministries Clause Unchanged

corrected version of the country’s new constitution was returned to President Maumoon Abdul Gayoom on Friday, Speaker of the Special Majlis (constitutional assembly) Gasim Ibrahim told Minivan News on Saturday.

But no change has been made on the only substantive issue raised by the President in a letter sent last week, over clause 116 of the document, which requires parliamentary approval for the creation of new government ministries by the President.

“He only requested an explanation [on the clause]... it was not an administrative mistake or anything like this,” Gasim said.

The President has pledged to ratify the constitution in 7 August, but had asked for a response to his letter first.

New Ministries

Gayoom had asked for clarification from Gasim on why the clause in the final version required parliament to approve the creation of any new ministries, despite the Special Majlis having previously voted not to require such approval.

But Gayoom said in a press conference last Tuesday he would ratify the document on 7 August, whether or not the issues he had raised were resolved.

Gasim and chair of the constitutional drafting committee Ibrahim Ismail (Ibra) appear to have stood firm over the clause, one of many in the new constitution which remove powers from the presidency.

Explanations

Gasim indicated the explanation he offered Gayoom on clause 116 reflected that given by Ibra last week on his personal blog.

Ibra wrote that as it was drafted, the constitution originally specified parliament should have the power to create ministries.

“The [constitutional] consultant, Professor Schmeiser, advised strongly that in any democracy...the ultimate power to create cabinet posts lies with the parliament,” Ibra said.

But the Special Majlis accepted an amendment “which was very ambiguous (in the context of the constitution), because...it said the president had the power to create ministries, but he should submit the decision to parliament,” according to Ibra.

Prior to the final “block vote” on the constitution, the clause was changed to require parliamentary approval, because in any case the word “submit” implies such approval, Ibra said. Others have translated the wording as “provide information to parliament”, however.

Because of a secretarial error, Ibra argued, the change to the clause was not highlighted when the constitution was circulated to Special Majlis members before the block vote.

Cronyism

Ibra also said the clause should combat cronyism, which “has ultimately led to the creation of over 20 ministries to manage a population of 300,000 people, and the appointment of persons to over 100 ‘cabinet and other senior level’ posts, culminating in a monthly wage bill of over Rf 6 million [US $469,000] for the taxpayer.”

The country’s current constitution assigns most powers to the President, including those of creating ministries and appointing ministers.

The new constitution introduces separation of powers in the country for the first time, and vastly reduces the authority of the presidency, often expanding the role of parliament instead.

“I have focused on removing his powers bit by bit, and doing it systematically,” Ibra said on his blog.

When the constitution was completed by the Special Majlis in June, former foreign minister Dr Ahmed Shaheed criticised it as “a straitjacket for Gayoom”.

But independent MP and human rights lawyer Husnu Suood said, “We achieved 99 per cent of what we hoped for.”

Ratification

Gayoom said in a press conference last Tuesday he would ratify the constitution on 7 August.

It had been completed by the Special Majlis on 26 June, but government had argued final reviews by the cabinet and attorney general were required, plus the passing of two new laws in parliament, before the constitution could come into effect.

After four years of work developing the document, this further delay sparked complaints from the opposition, culminating in a protest by over 1,000 people on 21 July.

The European Union (EU) also issued a statement on 25 July expressing “great concern” over delays to democratic reforms, noting the importance of holding multi-party presidential elections under the new constitution.

The transitional chapter of the constitution requires elections to be held by 10 October, with an independent interim elections commission due to come into place first.