If government wins referendum, elected positions will no longer be subject to fixed term limits: MP Shamheed

Dr. Ahmed Shamheed, the Member of Parliament for the South Hulhumale' constituency, has stated that if the current administration succeeds in the proposed referendum, elected public offices will no longer have fixed terms.

Speaking at a press conference held by the MDP on Friday, MP Shamheed stated that the public had been significantly misled regarding the referendum vote and argued that the question posed to the citizens was flawed. He further asserted that the framing of the question in such a manner was unconstitutional.

Underscoring the importance of preventing the Maldives from regressing into authoritarianism, MP Shamheed noted that the Constitution explicitly defines leadership roles—whether appointed or elected—as positions with fixed terms. However, he warned that if this referendum proceeds, the legal certainty of these term limits would effectively cease to exist.

One of the fundamental principles of the Constitution is to ensure that the Maldives never reverts to authoritarian rule. To achieve this, the Constitution explicitly mandates that appointed or elected officials serve for a fixed, predetermined term. In reality, the vote scheduled for April 4 effectively decides that elected positions in the Maldives will no longer have fixed terms. This is the true implication of the matter. Despite the extensive rhetoric included in the current amendment, the ultimate result is the arbitrary shortening of an ongoing constitutional term.

Dr. Ahmed Shamheed, Member of Parliament for the South Hulhumale' constituency.

Furthermore, MP Shamheed stated that if voting is conducted in this manner, Article 107 of the Constitution could be amended using a supermajority to stipulate that the next presidential election would not take place until 2033. He expressed concern that there is a genuine risk of such a provision being passed.

If this vote is conducted in a manner that is supposedly permitted under the Constitution, then what is to stop the Parliament from using its supermajority to amend Article 107 to state that the next presidential election will be held in 2033, and that the current administration shall remain in power until then? Could such a provision not then be put to a public referendum? If the current logic holds, then such a vote could also be cast. I do not believe that those who drafted the Constitution ever envisioned a scenario where a public referendum could be used to extend the term of an elected President or the term of the People’s Majlis in this manner. Therefore, this entire matter is a deception. The amendment brought to Article 79 is being promoted through Article 72. This is not what this vote is truly about.

Dr. Ahmed Shamheed, Member of Parliament for the Hulhumalé South constituency.

MP Shamheed stated that this is a path paved by the PNC under President Muizzu’s direction to deceive the public and achieve specific future objectives.