Dazed and confused within the separation of powers
Anyone else ever get so caught up in the struggle between yellow and blue, that sometimes you just don’t know who’s right? Take today’s Majlis. I sat down at 9am in front of the TV to watch today’s session, and it was Mega Minister Aslam being questioned on why yet another island had not received their harbour or why another island had not had their sewage system in place yet (The man has a lot on his plate, give him some time). Either way, everyone I’m sure was looking forward to the agenda item where the Majlis was to debate on appointments to the Judicial Services Commission (JSC).
So I took a break from the TV, potted around a bit, and came back home to switch the TV on, just in time to see most of the MPs gathered around the front row gesticulating and shouting at each other. We couldn’t tear our eyes away from the TV. Then the sound was cut off, followed by the live broadcast. First instinct? sms whichever MPs you know, and try and find out what the hell was happening. Second, get over to the Majlis. You know it could just be my love for drama, or maybe it’s the last 4 years’ experience of being ever ready for a muzaahara, you don’t question these instincts (even if you have your parents and quite possibly your grandparents yelling at you to stop), you just go. On the way you’ll meet others like you, already worked up, ever ready for a mud slinging between the 2 parties. After all, we have to admit, it’s been pretty quiet for the last couple of months!
The thing with muzaharaas in Male’ is, sometimes you don’t always know the reason for the anger and the subsequent gathering. In this case, it was more a feeling, and also a touch of curiosity arrested the cat. It’s a small island, it doesn’t take much to get a couple of hundred people to gather around a square patch of it. You get there, and you pick up titbits of information that have been sensationalised, rationalised, expanded and manipulated, which you then try to clarify from various sources by shouting questions to them over police cordons (police have changed remarkably in their attitude, but its still very easy to get pissed off at them). Today’s titbit was of course that Mahuloof had tried to start something with Reeko. Now, Mahuloof, sweet fellow may he be- in spite of his unadulterated adoration of Maumoon- should know better than to mess with or even slightly threaten Reeko. Actually no, that’s not the issue.
The issue is that DRP’s Ahmed Mohamed brought up a kulli masala (let me get to it- this is where issues of right & wrong are confusing), to condemn the cabinet’s decision to investigate Judge Ahmed Mohamed of the criminal court. He justified his condemnation by speaking about upholding justice. Now lets not forget about our Majlis’ love for the nizaamee nukuthaa, which Reeko raised at this point. I don’t think Reeko or any one who has been through what he has could have sat still and listened to a man who had passed a death sentence on him without questioning Ahmed Mohamed idea of justice. It would have been fine if the debate had stuck to snide underhand remarks within the structure of a Majlis debate, but I suppose the heightened emotions and snide underhand remarks, not being controlled by the Speaker added extra fuel to the fire. Either the way the situation got out of hand.
The muzaaharaa happened, it rained, it dispersed and the unrest in Majlis moved onto the internet news sites and TV and radio channels, which questioned the MPs, analysed the situation, all highlighting that it has only been a month and a half since this new Majlis was sworn in. Now finally onto what is confusing me. The urgent motion proposed by MP Ahmed Mohamed was a reaction to the cabinet’s decision last night to investigate the Criminal Court judge for supposedly obstructing justice. Now Kutti aka. underhand manipulator hiding behind the image of a people’s man, has written on his blog extensively on the issue of the ‘arrogance of government’ for making such a decision. To be honest, I myself have doubts on the constitutional limits the cabinet has on making such a decision. However someone pointed out that the judiciary has summoned Ministers for disrespecting the court, so why cant the executive question a member of the judiciary for supposed obstruction of justice? Aren’t all the powers equal? It’s murky, I admit. I don’t know where to draw the lines between who is right and wrong, I’m just writing. The other allegations against the Judge do not help to make it easier to unequivocally condemn the cabinet’s decision to have him investigated.
I know for sure I have a lot more expectation and faith in the executive than the judiciary, because quite frankly the judiciary have been anything but independent. I guess the question is after 30 years of subjecting to one mad man’s whims and fancies, how can they be independent? No, they are not. Many are Yaamin’s men, some are just old sleazy men who like to flog a woman or 2. Its overwhelmed, slow and inherently conflicted and unfortunately it seems these days it is the power we need the most to get itself together. (The executive have gone the constitutional route today and asked the Judicial Services Commission to investigate the allegations against the Judge)
No matter what the situation now, the main issues that have been facing our country for the last 6 months and will keep continuing to plague us is the lack of a strong, independent judiciary. Corruption, torture, child abuse, drugs, nothing is ever resolved. I admit we are not always going to get the justice we want, but there are desperate people who do deserve some sort of justice, who should not be brushed aside so lightly. Just start resolving something.
Instead, when filing a corruption case in the current judicial system, it is most likely that Yaamin has already bought the judge out (as was apparently the situation with Ghassan’s re-election case), with everything else the laws are outdated and what exists is conflicting. Specifically with Yaamin, the executive did not have faith in the judiciary or the independent ACC- thereby leading to the establishment of the Presidential commission to investigate corruption, to make sure there was some sort of investigation. Whether they have the right to do so, they back it up with the constitution. Others disagree. Again the lines here are blurry.
Things have changed, mostly for the better, but some things still remain unsettled, stagnating the bipartisan tensions even further. It angers us when the DRP play the weak and oppressed opposition card, when clearly they’re not. Its even more frustrating when the same issues that began the reform process still don’t get through to their heads. There was torture committed by the former government and there was unlimited corruption- just admit it. That’s all you have to do. Instead they brush aside their emptying of the country’s coffers, the shady Hussain Solah and others incidences, and set out to again place Theemuge at the centre of everything, and make sure Maumoon gets a big launch to travel around on as ‘Former’. Ever feel that in the case of our country, the victor has not got the ‘spoils’, but just that everything left is ‘spoilt’
On this extremely confusing, incoherent note I will say good night.
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