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Villimale' MP Ahmed Usham speaks at a parliament session. Photo/Parliament

MP questions authority in system referendum on resolution

Usham said the law does not specify how a referendum vote should be conducted.

20 September 2023

By Mariyam Umna Ismail

Villimale MP Ahmed Usham on Wednesday questioned whether a public referendum on the governance system can be held by passing a resolution by the parliament.

Parliament on Wednesday adopted a resolution seeking a referendum on the governance system before October 30. 

During the debate at the parliament's committee of the whole house, which reviewed the resolution, Usham said there are many legal questions when a resolution is passed to hold such a resolution. 

Usham made the remarks, referring to two articles of the constitution. As such, Usham said:

  • 1-Under Article 70 of the constitution, the holding of public referendums on issues of public importance are one of the powers vested with the parliament

  • 2-Under Article 115 of the constitution, the holding of public referendums on issues of public importance are one of the powers vested with the president

Usham said the law does not specify how a referendum vote should be conducted. Therefore, it is questionable whether such a major decision can be taken by submitting a resolution, he said.    

"We have a resolution in front of us to do that. My question is if a resolution can actually do this," Usham explained.

Usham said the parliament's rule of procedure do not offer a solution. He said the provision on resolutions in the regulations only allows the parliament to move a resolution to express its views on a matter.

“Therefore, I wonder whether we can impose something on the Election Commission by passing a resolution,” Usham said.

He said when trying to go for a referendum, it is important to have it regulated first. So, he believes that section should be added to the parliament's rule of procedure.

Although he supports a referendum, Usham believes this should not be done in a hurry. Before that, the people should be made fully aware, he said.

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