Maldives 2008 Constitution

CHAPTER XIV. TRANSITIONAL MATTERS

275. Application of this Chapter

Unless otherwise specifically provided in this Chapter:

1. the provisions set out in this Chapter shall apply from the commencement of the Constitution until the election of and assumption of office by the President and the People’s Majlis; and
2. actions during the transitional period shall be as provided in this Constitution.

276. Elections Commission

1. A five member Elections Commission shall in the manner specified in this Chapter, be appointed within thirty days of the commencement of this Constitution.
2. The members of the Elections Commission shall be appointed as follows:-
   1. each of the political parties shall submit to the People’s Majlis one nomination for appointment to the Elections Commission;
   2. the People’s Majlis shall by resolution passed by a two-thirds majority of those present and voting confirm the appointment of five members to the Elections Commission from the nominations received from the political parties;
   3. where five members are not confirmed as provided for in article (b) (2), the political party or parties whose nominations were unsuccessful shall be given the opportunity to submit further nominations in numbers equal to the membership positions unfilled;
   4. where the nominations submitted by the political parties as provided for in article (a) falls short of five names; the political parties shall be afforded the opportunity to submit further names;
   5. the members of the Elections Commission shall appoint a Chairman of the Elections Commission from amongst themselves;
   6. for the purposes of this Chapter apolitical party shall mean a party which has held its elections and post bearers appointed to its posts.

277. Vacancy in Elections Commission

Vacancies in the Elections Commission shall be filled in accordance with the provisions of this Chapter on appointments to the Elections Commission.

278. Qualifications of members of the Elections Commission

1. The members of the Elections Commission established pursuant to this Chapter shall possess the qualifications specified in Article 169 of this Constitution.
2. A member of the Elections Commission shall not be a member of any political party.

279. Responsibilities of the Elections Commission

The responsibilities of the Elections Commission appointed pursuant to this Chapter shall be to do all things necessary to conduct, manage, supervise and declare the results of the elections held pursuant to this Chapter, perform actions relating to political parties, and such additional functions specified in this Constitution to the extent required during the transitional period.

280. Term of Elections Commission

The Elections Commission appointed pursuant to this Chapter shall continue until the appointment, by the People’s Majlis elected as specified in the Chapter, “The People’s Majlis” (of this Constitution), of a new Elections Commission as specified in the Chapter, “Independent Commissions and Independent Offices” (of this Constitution).

281. Judicial Service Commission

1. A Judicial Service Commission composed of the following persons, shall be appointed within thirty days of the commencement of this Constitution:
   1. a Judge of the Supreme Court other than the Chief Justice, elected by the Judges of the Supreme Court;
   2. a Judge of the High Court, elected by the Judges of the High Court;
   3. a Judge of the Trial Courts, elected by the Judges of the Trial Courts;
   4. a member of the People’s Majlis appointed by it;
   5. a member of the general public appointed by the People’s Majlis;
   6. the Chair of the Civil Service Commission;
   7. a person appointed by the President;
   8. a lawyer elected from among the lawyers licensed to practise in the Maldives by themselves.
2. Despite the provisions of article (a), a Judge from the Supreme Court shall only be appointed to the Judicial Service Commission after appointment of Judges to the Supreme Court as specified in this Chapter.
3. The Judicial Service Commission appointed as provided in this Chapter shall continue until constitution by the next elected People’s Majlis, of a Judicial Service Commission as specified in this Constitution.

282. Supreme Court

1. A Supreme Court comprising of five Judges, shall within forty five days of the commencement of this Constitution, be appointed to deal with all legal disputes arising under this Constitution and all matters coming to it on appeal from the High Court.
2. Until the establishment of the Supreme Court as provided for in this Chapter and appointment of a person to carry out the responsibilities of the Chief Justice as specified in article (c), the highest authority for the administration of justice in the Maldives shall be a Judge of the High Court chosen from among themselves.
3. Until such time as the new People’s Majlis upon the recommendation of the Judicial Service Commission constituted as specified for in this Constitution, appoints a Chief Justice as provided for in Article 147, the responsibilities of that office shall be administered by a Judge chosen from within themselves by the Judges appointed to the Supreme Court in the manner specified in this Chapter.
4. All matters pending on appeal to the President at the commencement of this Constitution shall henceforth be dealt with and deemed to be pending before the Supreme Court. There shall be no further recourse of appeal from the High Court to the President from then onwards.
5. The Supreme Court established as provided for in this Chapter, in formulating the principles applicable to the appeal process shall ensure that the following cases have the opportunity of appeal:
   1. those cases disposed of by the High Court where the right of appeal has been lost between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter;
   2. those cases disposed of by the High Court between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter;

283. Appointment of Judges to the Supreme Court

1. The President as Head of the State shall appoint Judges to the Supreme Court established as specified in this Chapter. The appointments shall be determined after consulting the Judicial Service Commission and confirmation of the appointments by a two-thirds majority of the members of the People’s Majlis present and voting.
2. The Judges of the Supreme Court appointed pursuant to this Chapter shall possess the qualifications specified in Article 149 of this Constitution.

284. Term of Supreme Court

The Supreme Court appointed pursuant to this Chapter shall continue until the establishment of the Supreme Court as provided for in Article 145 of this Constitution.

285. Continuation of Judges

1. All Judges in office at the commencement of this Constitution except for the Chief Justice shall continue in office until such time as a determination pursuant to this Article.
2. The Judicial Service Commission established pursuant to Article 157 of this Constitution, shall within two years of the commencement of this Constitution determine whether or not the Judges in office at the said time, possess the qualification of Judges specified in Article 149.
3. Where it is determined as provided in article (b) that a Judge does not possess a qualification or the qualifications specified in Article 149, such Judge shall cease to hold office.
4. Where it is determined as provided in article (b) that a Judge possesses the qualifications specified in Article 149, such Judge shall be appointed as a Judge under this Constitution.
5. Except as provided in article (c), Judges may only be removed from office as specified in Article 154 of this Constitution.

286. Other courts

All Courts in existence at commencement of this Constitution shall continue in existence until such time as new Courts are established in accordance with Article 141 of this Constitution.

287. Jurisdiction of the courts

All matters pending before the Supreme Court established pursuant to this Chapter and the courts in existence at commencement of this Constitution shall henceforth be deemed to be pending before the courts established under this Constitution.

288. Prosecutor General

1. The Prosecutor General shall be appointed in the manner specified in this Chapter within thirty days of the commencement of this Constitution.
2. Until such time as the Prosecutor General is appointed and assumes office, the responsibilities of the Prosecutor General shall be carried out the by the Attorney General. However the Attorney General shall only carry out the responsibilities of the Prosecutor General for a maximum period of thirty days.
3. The President as Head of the State shall appoint the Prosecutor General as provided in article (a). The appointment shall be made by submission of a nomination to the People’s Majlis within fifteen days of the commencement of this Constitution, and confirmation of the appointment by a two-thirds majority of the members of the People’s Majlis present and voting.

289. Anti-Corruption Commission

The Anti-Corruption Commission shall in the manner specified in this Constitution be appointed within sixty days of the commencement of this Constitution.

290. Independent Commissions

The Elections Commission, the Anti-Corruption Commission and the Prosecutor General shall in accordance with the provisions of this Constitution, be appointed within sixty days of the first sitting of the first People’s Majlis elected under this Constitution.

291. Continuance of laws

All laws in force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force.

292. No amendment to the Constitution

No amendments may be made to the Constitution until the first election of and assumption of office by the President and the People’s Majlis under this Constitution.

293. Commencement of this Constitution

1. This Constitution shall come into force, after approval of the Special Majlis, assent by the President and publication in the Government Gazette.
2. Upon the commencement of this Constitution, the “Constitution of the Republic of the Maldives” which came into force on 1 January 1998 shall be repealed.
3. Despite the provisions of article (a), until such time as the election of the President and the People’s Majlis, the specific provisions of this Chapter shall apply to the matters specified herein.

294. Continuance of the People’s Majlis

1. The People’s Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held, and election of members and assumption of office by the members.
2. The People’s Majlis shall at the first sitting after the ratification of this Constitution, elect a Speaker and a Deputy Speaker from its members by secret ballot. Until such time as a Speaker and a Deputy Speaker is elected the People’s Majlis shall be presided over by the consecutively longest serving member from among those present. Where there are a number of members who have consecutively served the longest then the Majlis shall be presided over by the member most senior by age of those having served consecutively the longest.
3. Whenever there is a vacancy among the members of the People’s Majlis, and there is a period of six months between the date of the vacancy and the first sitting of the first elected People’s Majlis, an election shall be held to elect a member to the vacancy.

295. Responsibilities and powers of the People’s Majlis

1. The People’s Majlis shall carry out the following:
   1. to do all things necessary to facilitate the elections specified in this Chapter in the manner provided herein;
   2. to determine what laws are contrary to the Constitution and to do all things necessary for the repeal or amendment of such laws;
   3. to enact legislation required under this Constitution;
   4. to deal with all routine legislative matters necessary for the functioning of the Executive and the Judiciary, and for the proper functioning and good governance of the Maldives.
2. The People’s Majlis shall continue to consider Bills submitted prior to the commencement of this Constitution, and not yet enacted, and any other matters if they are not contrary to the Constitution.

296. Election of the People’s Majlis

1. The first election of members to the People’s Majlis to be held under this Constitution shall be held before 15 February 2009.
2. The People’s Majlis elected in accordance with article (a) shall after taking and subscribing the oath of office and assumption of office, hold the first meeting of the first People’s Majlis elected under this Constitution, before 1 March 2009.

297. Continuance of other posts and institutions

1. Within two years of the commencement of this Constitution, excepting matters specifically provided herein, elections or appointments to posts shall be finalised in accordance with the provisions of this Constitution, and institutions specified in the Constitution shall also be created or established.
2. Until such time as elections or appointments to posts specified in this Constitution in the manner provided in this Chapter or this Constitution are finalised, persons elected or appointed at the commencement of this Constitution shall continue in office.
3. Until such time as creation of institutions specified in this Constitution in the manner provided in this Chapter or this Constitution, institutions created or established at the commencement of this Constitution shall continue.

298. Decentralised administration

In order to provide for decentralised administration of the administrative divisions of the Maldives, elections to island councils, atoll councils and city councils as provided for in this Constitution shall be held before 1 July 2009.

299. Obedience to the Constitution

1. The Executive, the People’s Majlis, the Judiciary, the Independent Commissions and persons in Independent Offices, all State institutions, all persons in any State post and all citizens shall comply with the provisions of the Constitution upon its commencement. The non-existence of a law shall not be an excuse for the infringement of any fundamental right or freedom under the Constitution.
2. Despite the provisions of article (a):-
   1. the People’s Majlis shall identify laws inconsistent with the Constitution at its commencement and approve a course of action until such inconsistent laws or parts thereof can be amended or repealed. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws or part thereof and submit it to the People’s Majlis. Within ninety days of the commencement of this Constitution, the People’s Majlis shall draw up and approve a schedule for amending or revoking such laws.
   2. the People’s Majlis shall until the enactment and commencement of laws required to give effect to this Constitution, approve a course of action in relation to these matters. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws and submit it to the People’s Majlis. Within ninety days of the commencement of this Constitution, the People’s Majlis shall draw up and approve a schedule for enactment and commencement of such laws.

300. Continuation in office of the President and the Cabinet of Ministers

1. Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President, the person holding the post of President at the commencement of this Constitution shall continue in office.
2. Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President, the Cabinet of Ministers appointed by the person holding the post of President at the commencement of this Constitution shall continue in office. The President has the discretion to make changes to the Cabinet of Ministers.
3. The Cabinet of Ministers appointed after the first Presidential elections held pursuant to this Constitution shall not contain any members of the People’s Majlis.

301. Presidential election

1. The first presidential elections to be held under this Constitution shall be held before 10 October 2008.
2. The President elected in accordance with article (a) shall take and subscribe the oath of and assume office on 11 November 2008.