The Parliament Committee on Independent Institutions, during a confidential closed-door session on Sunday, approved to consider the dismissals of the deputy heads and some members of the Anti-Corruption Commission (ACC) and the Elections Commission (EC).

The motion, which is expected to be put to a floor vote on Monday, 25 November, comes at a time when Parliament is considering a motion to change the law granting the President power over the appointment of the heads of independent institutions.

The Committee approved the dismissal motions of Vice-President Abdul Salaam and member Thoha Mohamed of the ACC, as well as Vice-President Ali Nashaath and members Mohamed Zahir and Mohamed Asif of the EC.

Meanwhile, the Committee also considered the dismissal of Mohamed Nasih as President of the Civil Service Commission (CSC) but decided against taking such action.

A complaint was filed with the Committee on 22 October, alleging that EC Vice-Chairman Nashaath, along with several members, had violated the institution’s code of conduct — the specifics of the alleged violations were not made public.

The motion to dismiss ACC Vice-President Salaam and member Mohamed cited two instances of violations under Article 17, subsections (a) and (b), of the Anti-Corruption Commission Act (2008).

Subsection (a)
The members of the Commission whilst undertaking responsibilities of the Commission or exercising the powers of the Commission shall follow the following;

  1. To uphold the Constitution and Laws.
  2. To promote rule of law and to protect the fundamental rights and freedom of the citizens.
  3. Whilst members undertaking responsibilities of the Commission or exercising the powers of the Commission shall prioritise national interests and benefits of the citizens.
  4. Whilst undertaking responsibilities of the Commission or exercising the powers of the Commission, members shall not discriminate any citizen based on race or national origin or colour or sex or age or mental or physical disability, political or other opinion or property or family or native island or language birth or status.
  5. Whilst undertaking responsibilities of the Commission or exercising the powers of the Commission, the members shall not take orders from anyone or shall not be influenced by anyone.
  6. Without being hesitant and gaining a benefit to anyone or without being personalised and to be independent to discharge the functions to eradicate corruption from state institutions as per the Constitution and the Laws.
  7. An act or participation or conversation or expression of thought or by any other means, a member of the Commission shall not make his independence or independence or fairness of the Commission questioned.
  8. Not to use information obtained in his capacity as a member or his post for personal gain or gain for another.
  9. Not to provide information obtained in his capacity as a member to a third party for a purpose unrelated to discharging his duties and responsibilities.
  10. Shall not actively engage in a business or in a practice of any profession or any other income generating employment, be employed by any other person.
  11. Each member shall protect his ethical standards acceptable to the society at all times.

Subsection (b)
The Commission has the discretion to review its decisions, where the Commission finds that a decision of the Commission of which a member participated is in contravene to subsection (a).

— Article 17 [Ethical Standards of the Members], subsections (a) and (b), of the Anti-Corruption Commission Act (2008).

While all such dismissal motions fall under the purview of the Independent Institutions Committee, details of the alleged violations by the members of these independent institutions have been kept confidential.

All those approved to be dismissed through no-confidence motions during Sunday’s proceedings had been appointed to the institutions during the Ibrahim Mohamed Solih administration, when the main opposition Maldivian Democratic Party (MDP) commanded a supermajority in Parliament.

Nashaath was appointed to the EC for a second term on 16 November 2023, while Zahir was appointed on 21 February 2021, and Asif on 6 September 2021.

Mohamed and Salaam were appointed to the ACC on 17 March 2022.

This is the first time Parliament has sought to remove members of any independent institution under the Mohamed Muizzu administration.