President ratifies law establishing AG Office as independent service
The Attorney General has the authority to appoint and dismiss members of the Legal Service.
Top Stories
President Dr Mohamed Muizzu on Thursday ratified the bill establishing the Attorney General’s (AG) Office as an independent service. Following ratification, the bill has been published in the Government Gazette as the Attorney General’s Office Act.
Under Maldivian law, an act is published in the Gazette only after presidential assent is granted. Although the Act has been gazetted, it will come into effect three months from the date of publication.
The AG’s Office issued a statement on the ratification before the President’s Office formally announced the development. The Office stated that the government intends to propose amendments to the Act in the next session of Parliament.
According to the AG’s Office, the proposed amendments include:
-
Revisions to the composition of the AG’s Office
-
Adjustments to some responsibilities assigned to the Office
-
Changes to the role of the President’s Office in determining the staff structure
-
Clarification that employee pay, allowances, and retirement benefits will be governed by government policy and the National Pay Commission’s regulations
Concerns have previously been raised regarding the AG’s Office being part of the civil service, particularly in terms of the challenges in hiring qualified legal professionals and implementing pay increases. Addressing this has been part of the government’s legislative agenda.
The new Act formally separates the AG’s Office from the civil service, creating two distinct services within the institution:
-
1-
Legal Service – comprises legal professionals appointed to carry out legal responsibilities.
-
2-
Administrative Service – includes personnel responsible for administrative management within legal divisions and general office operations.
The Attorney General has the authority to appoint and dismiss members of the Legal Service. Administrative Service appointments and dismissals will be made by the Attorney General based on recommendations from the Secretary General of the Office.
The Act also outlines procedures for transitioning current employees and establishing the Office’s structure:
-
The AG’s Office structure must be finalised within 60 days of the Act coming into effect.
-
A detailed employment regulation must be prepared, covering promotions, working hours, leave, and dismissal processes.
-
The salary structure must be determined within 30 days of the Act coming into effect and will be formulated by the Ministry of Finance in line with policies of the National Pay Commission.
The bill, initially reviewed by Parliament’s committee and forwarded to the full chamber, was recently referred back for further amendments. Following review, the committee added provisions requiring the appointment of a Deputy Attorney General to support the Attorney General.
The original bill left the appointment of a deputy to the discretion of the Attorney General. The revised version makes this a mandatory post. Additionally, the original draft stated that the Attorney General would be appointed by the President upon advice. The revised version clarifies that the appointment is made by the President based on the advice of the Attorney General.
