Supreme Court cannot overtake into powers of legislature: Hassan Afeef

Former Parliamentarian for Vilufushi Constituency Hassan Afeef has stated that neither of the Courts in the country can overtake into the powers of any other branch of state.

Afeef, a member of the Special Parliament that drew up the current Constitution, made the statement speaking in RaajjeTV’s Saturday edition of ‘Fala Suruhee’. His statement came in reference to the verdict issued by Supreme Court which had declared itself the final authority on the decisions made by the Parliament, with regards to the no confidence motions.

Afeef said this decision cannot be made by the Supreme Court.

‘Supreme Court cannot issue that verdict. The Constitution clearly says that the Parliament can and will take no confidence motion on Cabinet Ministers and members of Independent Institutions. Its deeply concerning when the judiciary attempts to take over the Parliament,’ Afeef said.

He said this had occurred before, adding that this was the destruction of the legislature.

Afeef noted that the under the system the branches of the state were separated for a reason. Stating that while the Parliament had the responsibility of drawing up laws, that branch cannot make laws that contravene the Constitution. As such, Afeef said it was the responsibility of the President not to ratify any laws that are against the Constitution. He added that this responsibility also fell on the Supreme Court as well.

Afeef added that if the President ratified a law that Constitution, then the Supreme Court must nullify that law on its own accord. However, Afeef said this was not seen in the Maldives.

‘Neither the Supreme Court nor any other Court had the right to write laws. The Parliament is the only body that can make laws. Any such attempt is an attempt to nullify the Constitution,’ Afeef said.