SPEECH BY HONORABLE ABDULLAH SAEED, CHIEF JUSTICE OF THE REPUBLIC OF MALDIVES AT THE “INTERNATIONAL CONFERENCE OF JURISTS ON JUDICIAL REFORMS” 13-14 MARCH 2010, CHANDIGARH, INDIA
14 MARCH 2010, CHANDIGARH, INDIA
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Honorable Dr. K.G Balakrishnan, Chief Justice of India Honorable Mr. Justice Mukul Mugdgal, Chief Justice of Punjab and Haryana High Court Mr. Pratab Singh, Chairman, Bar Council of Punjab and Haryana Dr. Adish Aggarwala, President, International Council of Jurist and Chairman, All India Bar Association Distinguished Jurists, Respected Guests, Ladies and Gentlemen, Good Morning/Evening
I am indeed happy to be here to address the International Conference of Jurists on Judicial Reforms. I thank the International Council of Jurist and Bar council of Panjab and Haryana for the kind invitation extended to me to attend this conference. Let me also thank the organizers of this conference for the excellent arrangement accorded to me since my arrival.
Since the focus of this conference is on the agenda for judicial reforms, I would like to present an overview of the judicial system of the Maldives.
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The Maldives has a three tier system for the administration of justice. The lower courts, which include at least one Magistrate’s Court (with limited jurisdiction) in each inhabited island, as well as four specialised courts which sit in Male: the Criminal Court, the Civil Court, the Family Court and the Juvenile Court, the High Court, hears appeals from these lower courts, but also hears cases in the first instance where prescribed by law, or in exceptional circumstances, and the Supreme court which is the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.
The Supreme Court of Maldives is headed by the Chief Justice of Maldives, who is the head of judiciary. Right now at interim stage the President appointed 5 judges, who were approved by the Parliament. The interim court will sit until a new permanent Supreme Court is nominated under the constitution.
The Judicial Services Commission appoints judges other then Supreme Court judges and judges to the Supreme Court are appointed after consultation with the Judicial Service Commission and conformation by a majority of parliament members. In addition a newly independent judiciary a Prosecutor General is appointed, whose responsibility includes prosecution of all criminal cases. Judicial Administration Services is
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handled by Department of Judicial Administration which is headed by Chief Judicial Administrator.
The judicial system of Maldives is in the process of extensive reform. Judges receive little legal/judicial training and they have minimal expertise. Judges do not have to be lawyers. Hence the Maldivian judiciary needs greater reform and modernization to provide an enabling environment to deliver justice and keep up with the social and economic progress. Studies were conducted over the last few years to assess the situation of the lower courts, and a number of issues relating to the criminal, civil (including matters related to family) and juvenile justice system and in the general administration of courts has been identified. Some of these issues highlighted in various reports are;
The need to increase the capacity of the judicial system to efficiently administer case load delays especially in civil matters. Foreign investments though always encouraged, need a protective environment to be encouraged in the country. Further, massive international transactions and local investments which has had accelerated in the past decade are equally in need of protection. Efforts are underway to introduce alternative form of dispute outside the courts which would enable to create a conducive environment for investments and other civil transactions. There is need for legislative framework for the civil justice system to have the procedural 4
laws in place for effective delivery of justice. Creating of a specialized division in the civil court for commercial cases along with judges training in those areas would assist in handing in comprehensive commercial cases to meet growing demands of an expanding economy.
Efforts for organizational restructuring and mechanism to ensure accountability for law enforcement in the judicial system were made over the recent years for advancement of the judiciary. Work has been commenced for upgrading court and case management practices for greater effectiveness and efficiency. Several programs are made to judicial education and training and judicial training is to be established soon. In addition, a survey has been proposed to be conducted which would provide a comprehensive and useful baseline information of the existing situation of the justice system and will assist in indentifying interventions necessary to address the gaps identified in the system.
I am confident that the sessions planed for the two days of this conference will be full of interesting, creative and stimulating discussions. I know that this forum will give us the opportunity to learn from each other’s experience and the deliberations. I sincerely believe that my participation in this forum will greatly benefit and enhance the administration of justice in the Maldives. 5
I have no doubt that this will be a breakthrough event and I wish you all the best in your deliberations.
Thank you.
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