Noonu atoll Kendhikulhudhoo Council released a statement earlier this month alleging that President Dr. Mohamed Muizzu's trip to the atoll was a misuse of state resources and amounted to campaign activities under the guise of an official visit. LGA had the ordered the Council to revoke the statement on the grounds of it being 'false'.
The issue gave rise to much contention with the Attorney General (AG) stating that the LGA held no legal grounds to issue an order of revocation, and the President himself stating he did not approve of disciplinary action being taken against councils by the LGA and that the government's policy is to work through empowering local councils.
In response, the CEO of Local Government Authority (LGA) Dr Mariyam Zulfa later stated that the order had been issued due to the inquiry on the case warranting an extended period of time, which may result in negating relevance of any related action taken.
In yesterday's meeting of the Parliament's Committee on Local Governance, a number of members strictly and heatedly questioned CEO of LGA Dr Zulfa regarding the matter.
The letter ordering to revoke the statement was signed by Zulfa and sent to the Kendhikulhudhoo Council President Mohamed Rauf.
Opposition Maldivian Democratic Party (MDP) MPs enquired if such a decision could be made autonomously by the CEO without a board decision. They went on to ask if LGA believed the President has the prerogative to act in contravention of the laws.
Zulfa once again responded that she had made the decision to issue the revocation order as board review of the matter may take an extended period of time, within which irredeemable loss may have been caused. She maintained that the CEO has the authority to take administrative measures as such without direct approval from the LGA's board of directors.
"My conscience believes that, a statement like that cannot be released by a State entity against the leader of the State, the President," Zulfa said.
MPs responded to Zulfa's answer by repeating their earlier question, to which LGA's Director Abdulla Rasheed next responded, stating that this is not the first time the authority has acted in this manner.
He offered as an example the LGA's decision to revoke the statement by the Fiyoari Council last year on Eid prohibiting the traditional game of 'kula jehun', involving throwing coloured pigments at each other.
MPs then asked the LGA if they also rejected the Attorney General's legal advice on the matter.
Zulfa responded that she had never claimed the AG's advice was wrong, nor had the authority challenged it.
"You are the ones interpreting it as such. I have never said anything of the sort anywhere," Zulfa said.
Kendhukulhudhoo MP Ahmed Easa then asked Zulfa that if that remained so, and the LGA accepts the AG's advice, would the authority then withdraw the order of revocation and issue an apology to the council.
With a prolonged lack of response to this, the meeting became heated, with MPs demanding Zulfa directly respond to this question. MP Easa further declared that she cannot leave the meeting without answering questions posed by MPs.
However, with a direct request from Zulfa, the committee's Chair, Hulhumale' MP Ali Niyaz, allowed the question to be redirected to LGA Director Abdulla Rasheed.
Rasheed stated that the AG's advice had been offered after the events had already unfolded. As such, any policy decisions that are to be made following the AG's advice will be made through board discussions, he said.
"If issuing an apology is a policy decision, then LGA will do that as well. We will deliberate on this in the Board, whether we will apologize or let things stand as they are," Rasheed responded.
He went on to say that the LGA has concerns that the AG's advice is shaped in a way that may prevent the authority from taking action against any statements released by councils, adding that further discussions on this concern will be had with the AG office.
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