JSC President: Judiciary is 'Powerful without any power'

Hussain Riza, the President of the Judicial Service Commission (JSC), today stated that while the salary structure of judiciary-related and enforcement agencies is good, the judiciary itself is powerful "without any power."

JSC President, who is also the Maafushi MP, cited several reasons for the delay in pending cases. These include the cancellation of hearings at the request of defense and prosecution lawyers, and the failure of the police to produce witnesses.

Riza highlighted these key issues during a Judiciary Committee meeting held to discuss delays in various courts and the proposed amendment to the Judiciary Act.

"There are a million reasons why cases are delayed, you know. I will give you about a dozen of them," Riza said, introducing a long list of challenges facing the courts.

He stated that the second reason is the courts' lack of adequate staff due to low salaries and allowances. The last salary increase for court employees was in 2008, with no increment since then.

Riza reiterated that the salary structure of other justice-related institutions is good, but the judiciary has "no power" even though it is fundamentally one of the tree the powers of the state.

"Today we have to accept the fact that the judiciary, being one of the three powers [of the state], is functioning as a powerless force," Riza said.

He noted the stark contrast in recruitment: "Back in 2011 and 2012, when we advertised for an administrative officer, 150 or 200 candidates would apply. Now, there is barely one to apply for the judiciary jobs."

He urged the parliament to make efforts to improve the salaries and allowances of the judiciary; otherwise, the judiciary risks being without employees in the future.

The third reason for case delays, Riza said, is the poor condition of court buildings in the Maldives.

"There is no court in Malé city today that does not have leaks due to rain," he remarked.

No matter how beautiful the Supreme Court is outside, it leaks in when it rains. The High Court is held up by iron bars on the ceilings.

He added that some courts were burnt down in 2012, and currently, 11 magistrate courts are operating on rented premises. Furthermore, 52 magistrate courts are operating in the same buildings as councils, and some have been ordered to leave.

"If tomorrow we consider these places as council lands and leave them, there will be no courts," Riza said.

The state budget for last year included MVR 64.7 million for the construction of 13 courts, but the Finance Ministry has since ordered the project not to proceed.

The Judiciary Committee of Parliament has questioned the JSC several times in the past. Many of the complaints Riza filed today were also repeated by the JSC in previous meetings.