Maldives pres signs watered down anti-defection bill into law
The phrase is written as voluntary and does not specify what will happen if he/she does not resign.
By
Mohamed Muzayyin Nazim
President Mohammed Muizzu has ratified the opposition led anti-defection bill passed by the People's Majlis to make lawmakers elected to the parliament on party tickets to resign if they switch parties.
The bill was passed by Parliament two weeks ago and politicians have expressed concern over the delay in its ratification.
The President signed the bill into law and was duly published in the Government Gazette on Tuesday. The law will come into force from Tuesday, the President's Office said.
The bill was introduced by the opposition MDP in February and passed by 33 MPs on January 1 to make the loss of seats optional; meaning it was up to the Member of Parliament to resign. The bill, when it was first introduced to parliament, it stated that MPs would be mandated to resign if they switch parties.
However, the bill was later amended and phrased in a way to make the resignation voluntary.
According to the current law, there are three main circumstances in which an MP may lose his seat:
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After being elected on a party ticket, during the elected term, he/she submits their own resignation from the membership of the elected party and registers it with the Election Commission
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Registration with the Election Commission as a member of a party other than the elected party.
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If an independent member becomes a member of any political party during the term for which he/she was elected.
If any of the three circumstances occur, the member shall "resign from membership," the law says. The phrase is written as voluntary and does not specify what will happen if he/she does not resign.
In addition, the committee stage amendments to the law describe the procedures to be followed in the event of the party expelling the member. Thus:
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A member has the right to approach the court within seven days from the date of his/her removal from the membership of their respective parties
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If the matter is not taken up in the court during this period, then the MP should resign from the parliament membership after the Election Commission informs that the MP has been withdrawn from the membership of the party
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If the court decides that a member has been expelled from the party properly, he/she should resign from the membership of the parliament after the Election Commission informs him that he has been expelled from the party.
In addition to MPs, councillors and members of women's development committees are also required to resign in such circumstances.
Article 73(c) of the Constitution describes the circumstances in which a Member of Parliament may lose his seat. The article does not provide for the loss of seats by changing or leaving the party from which one is elected.
Some legal experts believe that an anti-defection bill can only force the loss of seats by amending the constitution in such a way.
