29 December 2010. The Majlis yesterday amended the Judges’ Act to award a Rf 53,250 monthly retirement package to former Interim-Supreme Court Justice Mujthaz Fahmy, who was found to have embezzled state funds in 1996.
Former Justice Fahmy claimed, by fraudulent means, Rf900 in overtime pay while working as a judge at former Court No.2 in 1996. MP Afraasheem Ali, who had introduced one of the amendments, also made it clear that it was a purpose-built package for former Justice Fahmy.
Former Justice Fahmy’s education qualifications, although a matter of public interest, are not publicly available. Article 285 of the Constitution required that the Judicial Service Commission remove from the bench by August 2010 any sitting judge who did not fit the criteria stipulated in Article 149.
Former Justice Fahmy himself was the Vice Chair of the Judicial Service Commission from 2008 to 2010. MP Afraasheem, who introduced part of the amendments to reward former Justice Fahmy the retirement package, is also on the Judicial Service Commission and was a colleague of former Justice Fahmy.
MP Afraasheem also proposed to the Majlis yesterday that the benefits package for retired Supreme Court Judges should begin from 7 August 2010. It was the day on which former Justice Fahmy was ousted from the two positions he held – the Interim-Supreme Court bench and the JSC seat.
The salary for a Supreme Court Justice is Rf 51,000, plus Rf 20,000 in living allowances.
The amendments approved by Majlis yesterday also entitles a Supreme Court Justice who retires after 20-25 years of service to two thirds of a serving Supreme Court Justice’s salary.