Democracy hijacked: Ministerial special liberties

The political darling that is the current, on-again-suspended-again, Minister of Youth, Sports, and Community Empowerment delivered his empowering presence and support at Alifushi, in attendance of the President’s Cup on the 23rd of January, 2022. In the case of Ahmed Mahloof, however, there are two questions more pertinent and that overshadow this showmanship; Is the severity of COVID-19 lessened in the presence of sports? And, whatever became of him being investigated for corruption allegations?

The MMPRC scandal entanglement has Mahloof accused of bribery charges, for which the first hearing was scheduled on 19 January, 2021. Yet, due to claimed “unforeseen circumstances", the hearing was cancelled in difference to “administrative issues”. Curiously, this outcome could be seen in a positive light when it comes to the Maldivian Justice System being held to proper standards to ensure there is no judicial ambiguity — if one were to contort one’s self to see it as such.

The lawsuit filing had Mr Mahloof suspended from his post as Minister, leaving the entire ministry in limbo — which could also be seen as a positive outcome, as people as influential and powerful as he are now feeling the repercussions of such misuse of power, and obvious followup would most definitely be taken. The suspension, however, lasted for four months, with Mahloof being reinstated to his post, arguably, in connection with the Ooredoo SAFF Championship.

He was again pulled up on 24 November, 2021, although any action that should have been taken — such as further suspension or at least reinstatement of the case in court — is, not unsurprisingly for some, severely lacking. Finally on 26 January, 2022, the Criminal Court broached the subject and explained exactly what was going to happen regarding his case.

Nothing at all.

Or going into slightly more, humorous detail, his case would be postponed for a time when the pandemic has eased — leaves one to wonder how many others suspected of involvement in grand corruption had this opportunity thrust upon them while enduring top tier government pay. This is to ensure that all relevant parties can be present for the hearing, as stated by the media official of the Criminal Court. Of course, the pandemic that is wreaking havoc throughout the world should take priority, and this announcement could also be seen as a well-meaning, positive decision. And speaking of pay; Mahloof was also paid, not to manage the affairs of the ministry, throughout his entire suspension.

There is an incidental fact however; which is that a 2020 regulation, updated in regards to the pandemic, has already laid out how court proceedings can be conducted via video conferences. It would appear that while the administrative branch of the courts are overly cautious as to the risks of the spread of COVID-19 the figure at the centre of the case is relying on the heightened energy of sports and political campaigning to render the virus inert — the pandemic is being casually overlooked for the benefit of campaign travels to other islands and congregation of entire communities without proper regard to HPA guidelines which are legally actionable against citizens in every other situation. Football tournaments are a go, MDP campaign events are a go, the “pervading” outlook that COVID-19 has eased and what’s going around is the annual flu, while laughable, seems to be the narrative of the day.

Where might one find the ‘Zero-Tolerance’ mandate by the Solih administration which they had trumpeted and paraded all the way into office — being kicked more violently than a football in a crowded space one imagines.

Transparency Maldives has raised questions, and so did the Prosecutor General, as a case of this calibre needs a resolution as soon as possible. Further issues arose when the judge presiding over the case was accused of having a conflict of interest. A small community yields ironic connections between parties, of course, yet Mohamed Misbah having once been the representative for the previous managing director of the ill-fated MMPRC, Abdul Ziyath, raises more than a few eyebrows in the current situation. 

The matter complicates itself further when Misbah has officially stated that he himself finds no reason to step away from the case as presiding judge — perhaps the justice is not fan of Lord Hewart’s dictum “Justice must not only be done, but must also be seen to be done.” The very lawyer that is party to privileged information on the comings and goings of MMPRC from the very top, now finds himself adjudicating — events would boggle the mind should there be enough of one’s brain tissues left to boggle.

The antidote to this malady does not lie in one certain place, but the effectiveness of the antidote is questionable when one so closely associated with the issue has the power to make the decision on the matter. The very person who is attributed the responsibility of moving the case in due haste. 

Democracy was the promise that was to deliver the Maldivian people into an era of awareness and political stability, to foster the growth of the economy and also to raise the standards of life of everyone within these borders; yet, so far, the dream has been fleeting. With such blatant mingling of powers in a system intended to separate them, and the casualness of those in these positions when it comes to holding their compatriots responsible, seeds further doubt in the system. 

The curious case of Mahloof could very well set the precedent of political justice, and the people need to be aware of just how disproportionate the standards are currently. The first step in healing the broken system is to remove these double-standards, but help is not coming.