Constitutional amendment to synchronize elections is deeply flawed: Maldives' first PG Muizzu

The Maldives' first Prosecutor General, Ahmed Muizzu, has criticized the 8th amendment to the Constitution—aimed at synchronizing presidential and parliamentary elections—describing the bill as deeply flawed.

Speaking on RaajjeTV’s "Noonekey" campaign program, Muizzu—who served as a member of the Special Majlis that drafted the current Constitution—stated that voters can only confidently support the proposal to synchronize the two elections in Saturday’s referendum once the numerous questions surrounding the bill are addressed.

Muizzu emphasized the need for clarity on fundamental constitutional matters, such as the procedures for the removal of Members of Parliament. He further noted that at a time when there is extensive debate regarding the election of the President and Members of Parliament, it is difficult to cast a vote on specific provisions while so many issues remain under discussion.

Furthermore, Muizzu stated that there are inherent flaws in how the constitutional amendment was drafted. He noted that while the bill maintains the constitutional provision for a five-year parliamentary term, it does not explicitly alter the primary text of the Constitution. However, Muizzu pointed out that if a referendum results in the synchronization of the two elections, it would effectively shorten the current parliamentary term for sitting members.

It is difficult for me to vote solely on this specific provision when there has been talk of numerous broader reforms. Furthermore, the way this amendment has been drafted or phrased contains certain flaws. While it claims the term length remains unchanged at five years, the Constitution previously stipulated that the term begins from the date of the oath of office. Under this new arrangement, the five-year term would commence in December. However, this change effectively shortens the terms of those currently in office. Upon my review, the amendment does not appear to address this by formally modifying the constitutional text itself, although Article 4 of the bill does contain such a provision.

Ahmed Muizzu, the first Prosecutor General of the Maldives.

Muizzu stated that in an advisory opinion issued by the People's Majlis regarding the 2020 local council issue, it was stipulated that any party proposing a constitutional amendment must consider numerous factors during the drafting process. However, Muizzu noted that the bill for the 8th amendment to the Constitution failed to take such considerations into account.

Muizzu stated that the bill contains numerous deficiencies and emphasized that he would not venture to vote in favor of consolidating the two elections until these questions are adequately addressed.