PEOPLE’S SPECIAL MAJLIS ADOPTS CHAPTER ON TRANSITION
21 April 2008
The People’s Special Majlis (Constitutional Assembly) on Sunday adopted the chapter of the draft new constitution dealing with transitional arrangements to cover the period starting from the ratification of the new constitution through the swearing in of the new President to the election of the new Parliament.
According to the chapter, the President, the Cabinet, the Parliament and other personages elected or appointed under the current constitution shall remain in place until their successors are elected or appointed under the new constitution. The chapter stipulates that all such elections and appointments must take place within two years of the coming into being of the new constitution.
The chapter specifically states that the first Presidential election under the new constitution shall take place before 10th October 2008. The exact date for the election will be decided by the independent Interim Elections Commission.
This will be the first multiparty Presidential election in the history of the Maldives.
The new President will be sworn in on 11th November 2008. The first Parliamentary elections under the new constitution shall take place before 31st March 2009, with the new assembly holding its first session before 1st May the same year. Elections for all city, island and atoll councils shall be held before July 2009.
To ensure free and fair elections, the chapter establishes several independent bodies to operate during the transition phase.
An Interim Elections Commission will be created within 30 days of introducing the new constitution. To ensure its independence and impartiality as well as to build confidence in the electoral process, all registered political parties will propose members to the Commission who will be subject to endorsement by the Parliament. An Interim Judicial Service Commission will also be created within 45 days of introducing the new constitution. The Interim Supreme Court shall continue until the apex court proper is created.
Justice of the Interim Supreme Court will be proposed by the Interim Judicial Service Commission and endorsed by the Parliament. Members of the Interim Supreme Court will appoint the Chief Justice for the interim period from amongst themselves. All other justices, judges, and magistrates will remain in office for a period of two years from the date of the new constitution until they are approved according to the processes prescribed by the new constitution.
The chapter further provides for an Anti Corruption Commission within 60 days of the new constitution coming into being and a Prosecutor General, a Judicial Service Commission, and an Elections Commission within 60 days of the first meeting of the newly elected Parliament.
With the adoption of the chapter on the transition, the Special Majilis will now turn its attention to completing the final chapter on definitions (of the new constitution). This is expected to be completed shortly. Once adopted by the Constitutional Assembly in its entirety, the new constitution will then be sent to the President of the Maldives for ratification.




