Attorney General's Office and the Anti Corruptions Commission (ACC) are at odds over whether ACC has the authority to order institutions to stop its activities.
Attorney General Ahmed Usham said today that he does not believe the Anti Corruption Commission (ACC) has the power to temporarily order activities of institutions to be stopped, but assured that a legal solution would be provided.
The matter stems from an order issued by ACC last year where Maldives Police Service was notified to stop the promotion of its officers. The order was not complied with, and ACC escalated the matter to Civil Court, which did not end in the commission's favour.
ACC then appealed the case in High Court where Attorney General's Office claimed that ACC no longer has the authority to make such orders. This comment was met with concern from ACC, with President of the Commission Adam Shamil sending a heated response back at the Attorney General's Office while speaking at the parliament's Committee on Independent Institutions.
Shamil said that eliminating corruption requires a unified mindset and not a fragmented one as being seen from the government agencies now.
"The entire government's views need to be unified. For example, if in one case the government says our orders need not be complied with but in another case they believe that we need to expedite our orders, then there are different views in the two areas," Shamil said.
Attorney General Usham told local media 'Mihaaru' that he believes ACC lacks the authority to order temporary halts on activities under investigation due to clause 22 of the Anti Corruption Act.
While the clause grants 11 powers to the Commission, it does not specify that ACC has the authority to stop activities. However, ACC issues orders by citing the clause which states that the commission has other powers needed to investigate matters.
Usham said that the Attorney General's Office's stances at court reflect the law and higher court rulings. The stance on ACC's case was also based similarly, he said.
He also highlighted that he is aware of ACC's concern over not having this authority, and that he believes it is a legal issue.
Usham further added that the Attorney General's Office is working to resolve such issues with the existing laws and that he will soon meet with ACC to discuss the matter and clarify the commission's concerns.
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