News Desk
MALÉ, Maldives — In a move that echoes a controversial precedent set during the previous administration, the Maldives has once again placed a sitting Member of Parliament at the helm of its judiciary.
Hosni Mubaarak, the elected representative for Manadhoo and a member of the ruling People’s National Congress, was sworn in this week as President of the Judicial Service Commission (JSC). The appointment marks a return to a pattern first seen under President Ibrahim Mohamed Solih’s Maldivian Democratic Party government, when Thulhaadhoo MP Hisaan Hussain, a trusted lieutenant of the president, wielded sweeping influence over the courts as JSC chair.
That earlier consolidation of legislative and judicial power drew sharp criticism from within the judiciary. Judges and legal scholars warned of blurred lines between branches of government and the erosion of judicial independence. The appointment of Mubaarak, who until recently chaired Parliament’s Judiciary Committee, has revived those concerns.
Mubaarak’s rise is emblematic of a deeper trend in Maldivian governance, where political loyalty increasingly intersects with judicial oversight. Hisaan Hussain’s tenure was marked by harsh disciplinary actions that reshaped the judiciary’s internal dynamics. While some hailed her as a political enforcer cloaked in judicial authority.
Now, with Mubaarak stepping into the same role, the judiciary faces a familiar dilemma: how to maintain impartiality when its leadership is drawn from the ruling party and political class.
The JSC, tasked with overseeing appointments, discipline, and administration of judges, is arguably the most powerful body in the justice system. Its decisions ripple across courtrooms and legal institutions nationwide. That power, when concentrated in the hands of a sitting MP from the ruling party, raises questions about checks and balances.
Supporters of Mubaarak point to his legal background and prior experience as a magistrate. Critics counter that his political role makes him an unlikely guardian of judicial neutrality.
The Maldives’ Constitution enshrines the separation of powers. But in practice, the lines have grown porous. As the country navigates its democratic evolution, the appointment of Hosni Mubaarak—and others before him—to the helm of judicial oversight, may prove to be a defining moment—either a step toward institutional synergy or a slide into politicized justice.
The judiciary, once fiercely protective of its autonomy, now watches as another parliamentarian takes the reins. The echoes of Hisaan Hussain’s tenure are hard to ignore.
