‘That’s just the way of the world’: Abdul Raheem defends PNC’s backing for Mahaz after Supreme Court ouster

Speaker Abdul Raheem Abdulla on Monday defended the People’s National Congress (PNC) administration’s push to have former Supreme Court Justice Mahaz Ali Zahir appointed to the Tax Appeal Tribunal – a move that has drawn criticism over the marked shift in stance from four months ago, when the ruling party used its Parliament majority to have him removed from the top court.

Last week, Mahaz, who was dismissed from the top court in a no-confidence motion backed by the ruling party back in May, was named as President Dr. Mohamed Muizzu’s top pick for vacancies at the Tax Appeal Tribunal.

During the parliamentary debate on Monday afternoon on a reemployment bill submitted by the government, South Galolhu MP Meekail Ahmed Naseem, a lawmaker from the main opposition Maldivian Democratic Party (MDP), said that it was ironic that PNC is suddenly treating Mahaz as the prime choice for appointment to the Tax Appeal Tribunal, given how much government lawmakers had criticized him in the past.

“Honorable Speaker, we are hearing at the Parliament floor today that the President of the Republic has named as his top choice among candidates for the Tax Appeal Tribunal – the institution which is in charge of affairs related to taxes and decides on the taxes paid by citizens – a judge who the PNC only recently accused of being corruption, of lacking any integrity, of lacking any substance,” said Meekail.

Meekail questioned the sudden shift in stance – something that he was undermining public confidence in state institutions.

After he finished his say, Speaker Abdul Raheem, the chairperson of PNC, remarked that things change and that “that is just the way of the world.”

“The leader you like one day, you might not, the next day. A leader you don’t trust, who might have confidence in the next day. A leader you can’t live without, might someday become someone you just can’t live with,” he said.

While Abdul Raheem did not name anyone, the remarks are believed to be directed towards former President Abdulla Yameen Abdul Gayoom, who he once vowed to stand by until the end of his political career, but fell out with in the wake of a power struggle within the PPM-PNC which saw the former Maldivian leader leave the ruling coalition to form his own party, the People’s National Front (PNF).

Mahaz's ouster from Supreme Court:

The Tax Appeal Tribunal was previously headed by Chief Justice Abdul Ghani Mohamed, who was appointed to the Supreme Court in a major shakeup earlier this year, as the court heard a case challenging controversial government-backed constitutional amendments.

This shakeup had also led to Mahaz's own dismissal from the top court.

On February 26, Supreme Court judges Dr. Azmiralda Zahir, Mahaz and Husnu Al-Suood were suspended by the Judicial Service Commission (JSC), citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). All three were hearing a case challenging the controversial move by the ruling People's National Congress (PNC) to write anti-defection clauses into the Maldivian constitution.  It also came shortly after the ruling PNC used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices - a bill that was later tabled following public backlash.

Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct cases against Azmiralda and Mahaz, accusing them of conspiring to influence the Criminal Court. Azmiralda and Mahaz - both of whom claim that the allegations against them are baseless and that the investigations by the JSC were tainted by the denial of due process to them - were dismissed by the Parliament with majority votes of 68-11 on May 14.

The case against them stemmed from the allegation that they exerted their influence over the Criminal Court to secure the release of Azmiralda’s husband, Dr. Ismail Latheef, an anesthesiologist, who was arrested during a police raid on a massage parlor in Male’. However, Criminal Court judge Ibrahim Zihunee’s statement to JSC shows Mahaz had called him after Latheef was already released from police custody.

Meanwhile, the then-assistant registrar of High Court, Hussain Mohamed Haneef, who testified against Azmiralda and Mahaz at the JSC, was recently appointed to a senior position at state-run utility company, Fenaka Corporation.

President Muizzu, whose administration has been accused of deliberately undermining the country’s judicial independence, denied these claims in a press briefing on May 3, describing the events that fueled the allegations as mere “coincidences.”

The JSC had come under fire from both local and international organizations over its decision to push for the dismissal of the Supreme Court justices. On June 4, multiple international bodies sent an open letter to President Muizzu urging him to suspend the impeachment of Supreme Court judges, citing reports of serious procedural concerns.

The then-Chief Justice Muthasim Adnan had remained silent throughout their suspension and dismissal, prompting many to question whether he was fulfilling his responsibilities as the Chief Justice. He had submitted a letter to the JSC amid the turmoil on May 8, informing the commission of his decision to retire. He formally retired on July 21, and was conferred Order of the Distinguished Rule of Izzuddin less than a week later, on July 27.