Establishment of atoll offices is a deliberate violation of the law! They must be prosecuted: Suood

Former Supreme Court Justice Husnu Al Suood has accused President Dr. Mohamed Muizzu of deliberately violating the Constitution by establishing Atoll Offices, a move he claims mirrors the administrative structure of former President Maumoon Abdul Gayoom’s era and effectively dismantles the Atoll Councils created under the decentralization system.

As the new councils were sworn in on Sunday, atoll councils have been effectively dissolved following an amendment brought by the current administration to the Decentralization Act. The government has further decided to bring atoll councils under the jurisdiction of the Local Government Authority, mirroring the administrative structure of the former Ministry of Atolls Administration.

In a letter sent to the Local Government Authority (LGA) on Sunday, the President's Office stated that under Section 85-1 of the Decentralization Act, regional offices established to provide the Authority's services are considered integral branches of the LGA rather than independent government entities. Consequently, the President has advised that instead of assigning unique names to these branches, each office should be officially designated as the "Local Government Authority - (Atoll Name) Office."

Expressing his concerns regarding the matter, Husnu Al Suood stated in a post that these changes constitute a deliberate violation of Chapter 8 of the Constitution. Suood noted that according to the Constitution, administrative divisions must be governed by members elected by the residents of the respective atolls. He further asserted that legal action should be taken against those who have violated these constitutional provisions.

Following the amendments to the Decentralization Act of the Maldives, administrative bodies of Atoll Councils will be dissolved upon the expiration of the current councils' terms. Consequently, all matters pertaining to the employment of staff currently working in these administrations must be managed in accordance with the provisions set forth in Section 58 of the 17th Amendment to the Decentralization Act.

The letter further states that the President has instructed relevant authorities to ensure that the administrative transition for these employees is handled through consultation. He emphasized that the process must be conducted in a manner that guarantees job security and ensures that their current salaries and benefits remain unchanged.

Following the President's directive, Atoll Councils will be reverted to their former status as Atoll Offices. Under this change, the councils will be rebranded as offices identified by their respective atoll letter. For example, they will be designated as "Local Government Authority - Kaafu Atoll Office."

Justice Husnu Al Suood has previously asserted that the Constitution does not permit individuals who have not been elected by the people to manage administrative divisions in the event that Atoll Councils are abolished.

Suood stated that under Articles 230 and 231 of the Constitution, the administration of any administrative division listed in Schedule 2 by an unelected individual is not permitted. He emphasized that an act prohibited by the Constitution cannot be authorized through legislation passed by Parliament. Furthermore, he noted that the governance of administrative divisions by popularly elected councils represents the most significant structural shift in state administration introduced by the 2008 Constitution.

Justice Husnu Al Suood stated that this principle constitutes a fundamental feature of the Constitution. He further noted that the Constitution does not permit administrative constituencies to be governed by unelected officials, even if atoll councils are abolished.