President-elect holds no legal authority over incumbent government: AG Riffath

President-elect does not hold any legal authority to halt any ongoing projects or services by the incumbent government, said Attorney General Ibrahim Rifath.

According to the AG, the current administration's authority must prevail until November 17 when the president-elect will formally assume office.

The Attorney General's statement came in response to requests made by Dr. Mohamed Muizzu to the current state.

Dr. Muizzu requested restraint on a list of seven acts, while the president-elect's office announced a list of prohibitory practices for state-owned enterprises (SOEs) during the transitional process.

The president-elect's office demanded that state-owned enterprises (SOEs) refrain from engaging in new projects, employment promotions, loan acquisitions, and new investments during the transitional period.

The Attorney General referred to Article 107(a) of the Maldives Constitution, said that the incumbent president will remain in office until the president-elect formally takes the oath to assume powers.

Referring to the same Article, the AG said that the elected president will hold the office for a term of five years, and will remain in power until the next presidency comes assumes power.

Rifath said the president-elect cannot make demands to the incumbent government according to the law. He further said that the previous governments had not made such demands to the outgoing administrations during the transitional process, which Rifath said should remain as status quo.

"The current government will complete its term on November 17, 2023 upon the president-elect's swearing in. Until then, the incumbent state will be effective, and it remains committed to fulfilling its promises to the people," Rifath said.

AG said the state should run for the legally stipulated term without interruptions inclusive of fiscal proceedings.

Presidential Transition Act includes procedures, support to the president-elect by the incumbent state, appointment of a Director of Transition by the Civil Service Commission (CSC) to oversee the transition.

"The law does not specify anything else, for instance stopping any ongoing projects or initiatives of the current government, and it does not specify deferment of bids on national tendering or employment promotions," Rifath said.

"It is an admirable trait accepted by democratic societies to cooperate with the president-elect. There may be a moral obligation on this government because of this, and it should be taken heed as much as possible, but it does not mean that the government is required to cease ongoing projects. The government will be effective until [president-elect] swears in," Rifath said.

Rifath said that proof of incumbent state remaining as effective authority until presidential oath taking is found from Deputy Attorney General Ahmed Usham's letter to the Ministry of Finance dated October 9, 2018 on the same matter.

Rifath further argued that there were no legal obstacles for the current state and its ministries to fulfill its pledges to the citizens amid the transition.

Highlighting the pivotal role of the legislative during transition, the AG said that the parliament's relevant committees must intervene and investigate any demands made to the government to stop certain practices during the period.