Supreme Court’s latest writ ‘compromises independence of watchdog bodies’
A Supreme Court writ ordering the Attorney General’s (AG) Office to represent all state offices, including independent institutions, has caused concern, with lawyers saying the writ contravenes the constitution and compromises the independence of independent institutions.
16 Sep 2015, 9:00 AM
A Supreme Court writ ordering the Attorney General’s (AG) Office to represent all state offices, including independent institutions, has caused concern, with lawyers saying the writ contravenes the constitution and compromises the independence of independent institutions.
Chief Justice Abdulla Saeed, in a public letter on September 14, said: “The Attorney General shall represent the state in proceedings where offices and institutions of the state have submitted a claim, and where charges have been filed against them.”
The writ appears to contravene provisions in the Civil Service Commission Act, the Human Rights Commission Act, the Judicial Services Commission Act, the Elections Commission Act, the Anti-Corruption Commission Act and the National Integrity Commission Act, which state that these commissions are “separate legal entities” with the authority “to sue and suit against and to make undertakings in its own capacity,” according to critics.
Ahmed Usham, the deputy attorney general, said his office is now discussing how it may implement the Supreme Court’s order.
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