President Ibrahim Mohamed Solih has stated that only the parliament holds the authority to question the actions of Judicial Service Commission (JSC).
A statement released by the President Monday read that according to Article 115 (a) and (c) of the constitution, faithful implementation of the provision and laws of the constitution, the promotion of compliance by institutions of the state and the people, and the promotion of rule of law and the protection of rights and freedom of all people, are the responsibilities of the President.
"The fundamental principle enshrined by the constitution is that all powers of the state are derived by the will of the people. These powers, as constitutionally stipulated - are to be executed, on behalf of the people, by the three separate branches of the state. Furthermore, the independence of the independent institutions established by the constitution is guaranteed by this very constitution. The powers and institutions established by the constitution have been structured in such a way as to prevent the dominance of one over the other", read the statement.
The President in his statement noted while the Judicial Service Commission (JSC) is constitutionally mandated to investigate matters related to judges, the constitution also states the procedures on how to hold the commission accountable for their decisions. According to procedure, members of the commission are to be summoned at the parliament for questioning, after which necessary action will be taken through the parliament.
While this is the procedure stipulated in the constitution, any action taken which is not in line with the due procedure will not be permitted by the constitution, the statement further read.
The President therefore appealed to all institutions of the state to respect the laws of the constitution, and requested to refrain from actions that may disrupt the smooth governance of the nation.
Further noting that judicial reform is a fundamental pledge of the government, the president assured that all work necessary to fulfill the pledge is being undertaken by the government. The President further assured that he will not hesitate to carry out his duties as the Head of the State to uphold the principles and regulations mandated by the constitution.
