Riza calls for reform of JSC composition
Riza, who also serves as a Member of Parliament for the Maafushi constituency, said that reform should be based on discussion across institutions.
The composition of the Judicial Service Commission (JSC) should be revised to include former judges and individuals from varied professional backgrounds, according to Hussain Riza Adam, a former chairman of the commission.
Riza stated Tuesday that such changes should follow a process of public consultation. He made these remarks during an appearance on the ‘Komaakoalhi’ programme broadcast by Public Service Media.
The restructuring of the JSC has been a stated policy objective of both the previous administration led by the Maldivian Democratic Party and the current government. Discussions on the matter began in 2022 under the former administration, but no amendments were implemented. While the current government has continued discussions, no outcome has been finalised. The commission is at present under government influence.
Riza, who also serves as a Member of Parliament for the Maafushi constituency, said that reform should be based on discussion across institutions. He resigned from his position as JSC chairman in October.
He said the primary function of the commission is to review the conduct of judges and take disciplinary action where required. He added that impartiality cannot be ensured without changes to its structure. He noted that the inclusion of former judges and individuals from other professions would support this objective.
Riza said he would present proposals if given the opportunity to participate in discussions, based on his experience in the judicial sector. He expressed the view that reforms would be addressed through parliamentary debate and committee work.
Commenting on the government’s position, current JSC chairman Husnee Mubarak said that the commission remains open to proposals on its composition. He stated that work is ongoing to determine an appropriate structure.
He said there is no single model that guarantees independence and that consultation should lead to an outcome accepted by the public.
During earlier discussions under the previous administration, consultations were conducted with institutions and associations. A paper prepared by the Attorney General’s Office at the time indicated that many respondents opposed the inclusion of political figures in the commission. The findings showed a preference for representation from the judiciary and other professions.
Under the Constitution, the JSC consists of 10 members. The current members are:
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Speaker of Parliament: Abdul Raheem Abdullah
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Supreme Court Judge: Hussain Shaheed
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High Court Judge: Hassan Shafeeu
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Lower Court Judge: Farhad Rasheed
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Member of Parliament appointed by Parliament: Husnee Mubarak (Chairman)
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President of the Civil Service Commission: Mohamed Mujthaba Fahumee
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Presidential appointee: Mohamed Yazumeed
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Attorney General: Ahmed Usham
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Representative elected from lawyers: Ali Abdul Latheef
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Public representative appointed by Parliament: Idris Fauzi