Who is a businessman, who is not a businessman? Asked by many, this question has not received an appropriate answer. Doing business is a favorite occupation, and there are small businessmen and big businessmen. I must make a correction here since there are many enterprising business women in many countries. The right terminology may be businessperson, like chairperson, and humankind instead of mankind. With equal rights to men and women, it will be more appropriate to call businessperson.
How do we determine a businessperson? This has become important question to be answered because there are leading businesspersons vying for the high offices of the president and vice president. The Constitution states the President and Vice President shall not hold any other public office or office of profit, actively engage in a business or in the practice of any profession, or any other income generating employment, be employed by any person, but or lease any property belonging to the State, or have a financial interest in any transaction between the State and any other party.
The objective of this article is to prevent persons holding these important offices do business and have financial gains as a result of or using the influence of these high offices. This is an addition to the Constitution. Former Finance minister and millionaire businessman Presidential candidate and leader of Jumhoory Party, JP Gasim Ibrahim and millionaire investor Deputy leader of DRP and President Gayoom's running mate Ahmed Thasmeen Ali have transferred their investments and other businesses to their family members to qualify for the posts.
Some lawyers have reservations about their qualification by merely transferring their huge investments to close family members. Legal Reform Minister Mohamed Nasheed also strongly argued about the many conditions in this clause which will not qualify businessmen by merely transferring to someone else. Others say if they are not actively engaged in a business or income generating employment, they meet the Constitutional qualification. Both Thasmeen and Gasim are good leaders.
The Constitution also says any disputes concerning the qualification of presidential candidate will be determined by the Supreme Court together in session. If there was a dispute on the eligibility of any candidate, this will be the final authority to make a decision. But it is unlikely, there will be any disputes concerning the qualifications of any candidate regarding the transfer of his business.
Those arguing in defence of rich persons seeking the posts of president and vice president say there are very rich persons elected to these positions in other countries, hence why not in the Maldives. The objective of having such a condition is to keep them out of business and avoid their influence for such gains. Even if a president or vice president were not businesspersons before they were elected to these positions, there were serious cases of corruption, fraud and abuse of power involving persons holding high offices who have acquired lot of wealth. There are continued allegations that persons with no wealth and properties become instantly rich after taking high government positions. This topic is often debated in the Majlis with grave concern.
Not many of these cases have been detected and brought to justice. Some believe it is safer and wiser to have rich people in these positions. What is important is to ensure good accountability and transparency, and to have a strong mechanism of checks and balances. The Constitution provides strong tenets for these safeguards. With the very tight controls provided in the Constitution and the media and other watchdogs extremely smart and vigilant, there is little doubt holders of influential high positions can abuse their power and make much undue gains. A watchful Majlis with their wide powers and representation will not hesitate to take action against such a person.
What is also important is honesty and genuine commitment of leaders to render their honest and dedicated service for the people and country and proving their honesty and capabilities in real action. Action of transforming Maldives into a more prosperous nation to ensure a happy life in dignity and self reliance.
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