"ACC is not a legal advisory body for government; by doing so, it has effectively turned into a government agency"
12 ސެޕްޓެމްބަރު 2026 | ހޮނިހިރު 18:29Former Prosecutor General Hussain Shameem has stated that seeking the Anti-Corruption Commission's (ACC) counsel regarding the sale of land in Hulhumalé could compromise the commission's independence. He noted that if the ACC functions as an advisory body to the government, it would lose its legal authority to oversee state institutions and hold them accountable.
Anti-Corruption Commission (ACC). | RaajjeMV
The Ministry of Housing has stated that the decision to sell a plot of land in Hulhumale' at a lower price was made to resolve a long-standing issue that has remained unsettled since 2003. The Ministry has proactively submitted the case to the Anti-Corruption Commission (ACC) to investigate any potential irregularities and seek their formal guidance. Officials confirmed that the transaction will only proceed after receiving the Commission's recommendations.
However, as former Prosecutor General Hussain Shameem noted in his blog, the Anti-Corruption Commission (ACC) is not mandated to provide legal counsel to government agencies. The Attorney General's Office exists specifically to fulfill the role of providing legal advice to the government.
According to Shameem, the powers vested in the Anti-Corruption Commission (ACC) under its governing act include conducting necessary research to prevent corruption, providing recommendations on measures to be taken by state institutions, and issuing mandatory directives to those agencies regarding such matters.
Regarding this provision, Shameem noted that it is impossible to provide an advisory opinion without first conducting a formal study.
Shameem also shared a significant concern regarding this issue. He noted that if this provision is interpreted as granting the Anti-Corruption Commission (ACC) the authority to advise the Ministry and the government on individual cases, it would lead to a far more dangerous outcome. The reasoning, he explained, is that the ACC would effectively become a government agency, encroaching upon the executive branch to an unjustifiable degree. Shameem believes that at that point, the ACC would permanently lose its fundamental character as an independent watchdog over state institutions.
He also highlighted that if the Anti-Corruption Commission (ACC) provides counsel to the Ministry on this matter and the government acts accordingly, the commission would be legally barred from investigating the issue further. He noted that such a scenario would undoubtedly be an even greater cause for concern.
The reason cited for this outcome was that the Anti-Corruption Commission (ACC) reached a decision on the matter before conducting a proper investigation. Shameem noted that the law does not mandate the ACC to provide counsel to individual agencies specifically to prevent such issues from arising.
The Anti-Corruption Commission is not a branch of the government. As an independent institution, its responsibility is to remain free from political influence and to hold those in state powers and positions of authority accountable. The commission's independence must not exist in name only. It is a fundamental necessity to maintain the institution's integrity and to instill public confidence in the commission's work.
