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Jabir urges changes to JSC composition to minimize political influence

Kaashidhoo MP Abdulla Jabir speaks at the Parliament on May 29, 2019. (Photo/People's Majlis)

Kaashidhoo MP Abdulla Jabir has called for a change to the composition of the Judicial Service Commission (JSC) to free the commission from political influence.

The Parliament, this Wednesday, debated and made nominations for the position of parliamentary representative at JSC.

Speaking at the debate, Jabir said that having a President’s appointee, the Attorney General, the Speaker of Parliament, and another parliamentary representative at JSC opened room for political influence of courthouses.

“This country has a culture of sticking one’s hands into the judiciary and hammering nails in order to get things done,” protested Jabir.

He said the most important step at judicial reform and independence was to free JSC from politicians. He said that the Parliament had the power to amend the Constitution, and urged that “the Constitution must be amended today itself” in order to free the judiciary.

Jabir noted that that the AG being on JSC was a conflict of interest as the Attorney General was the State’s top attorney in court cases against the State.

He said that any politician being on the JSC created conflict of interest.

“The country has previously experienced the effects of political influence within Judicial Service Commission by the Speaker of Parliament being on Judicial Service Commission,” said Jabir.

He stressed that Maldives has a system where the three supreme powers of the State – legislative, executive and judicial – should be separated. But that the accumulation of powers had led to some becoming so powerful they control the whole system leaving no room for checks and balances.

“…That the President directly calls the courthouse and demands the ruling to be issued a certain way,” said Jabir.

The JSC is composed of:

  • A Supreme Court justice
  • Speaker of Parliament
  • A High Court judge
  • A lower court judge
  • A member of Parliament
  • A member of the general public
  • President of Civil Service Commission
  • Appointee of Maldivian President
  • Attorney General
  • An attorney-at-law
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