President ratifies amendments to Judiciary Act

President Mohamed Muizzu on Tuesday ratified two amendments to the Judiciary Act to shorten the restriction period during which judges who resign or are removed from office are prohibited from practising law and to require island court magistrates to hold a degree-level qualification.

Parliament passed both amendments on Monday.

The key provision of the amendment reduces the restriction period from two years to six months. Under the new rule, judges who resign or are removed from office will not be allowed to appear as legal counsel in any court where they previously served for six months from the date of their resignation or removal.

When first introduced, the bill proposed a two-year ban. However, the Judiciary Committee revised the period to six months before presenting it to Parliament.

The amendment also includes clauses to prevent former judges from acting as counsel in cases that were handled during their tenure, regardless of the two-year timeframe, in order to avoid conflicts of interest.

Another provision in the bill states that judges who resign after the Judicial Service Commission (JSC) has proposed their removal will not be entitled to benefits normally granted upon voluntary resignation. The JSC had introduced a similar rule in April 2022.

The new law further requires judges to submit a financial statement, including details of family assets, even after resignation. The Judiciary Committee did not amend this section of the bill.

Under the previous law, a diploma-level qualification in judicial studies is sufficient to serve as a magistrate in island courts. The amendment raises this requirement to a degree level for appointments to both magistrate and higher courts.

When first introduced, the bill allowed diploma holders to remain eligible and did not include a timeframe for upgrading qualifications. The Judiciary Committee revised the bill to introduce a five-year transitional period for serving magistrates to complete a degree.

According to the amendment:

The committee noted that the change was made following input from the JSC, the courts, and members of the public.

The bill also restates that judges of the Supreme Court, High Court, and Magistrate Courts must hold degree-level qualifications.