ACC's response to AG Office: Unified mindset key to eliminate corruption

Anti Corruption Commission (ACC) today, expressed concern over Attorney General's Office (AG Office)'s stance that the ACC does not have the authority to order Maldives Police Service (MPS) to hold off on promoting its officers - an order ACC gave to MPS last year, which resulted in a court case due to MPS's noncompliance.

Speaking at the parliament's Committee on Independent Institutions, ACC's president Adam Shamil said that corruption can only be eliminated through a unified mindset within the government, but that it is not the case.

He gave the example of AG Office's statement in the police promotion matter, where the office told High Court that ACC does not have the authority to order the delay of promotions.

"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.

"The most important aspect of eliminating corruption is to have unified views in the entire governance system."

The case in question was filed with the Civil Court by ACC after Maldives Police Service refused to comply with its order issued in October last year. While the Commission sought a temporary stay order, Civil Court ruled in January that it would not be possible.

Following this, ACC appealed the case in High Court. During the hearing of the case, Attorney General's Office said that ACC, according to the Anti Corruption Commission Act, does not have the authority to order another agency to not implement or delay activities. AG Office further highlighted that this has also been previously determined by the Supreme Court, meaning that ACC does not have such powers at this time.

The state also went to point out to the court that the promotions were already issued by the time ACC submitted the case to the Civil Court. As such, it is unclear what an interim order would achieve at this point, AG Office said. However, if such an order is issued, it would most impact police officer and the government, with the rights of many violated, they said.

Based on this, the state requested to maintain Civil Court's ruling on the matter.

ACC's lawyers said that ACC has the legal authority to stop any activities which may lead to corruption, and detailed that the order to delay issuing promotions was in connection to an investigation by the Commission.

ACC cannot order Police to delay promotions: Attorney General's Office

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