Aiyaz Sayed-Khaiyum out of parliament

FijiFirst Party General Secretary and MP, Aiyaz Sayed-Khaiyum is no longer a Member of Parliament after he was nominated to be a member of the Constitutional Offices Commission by Leader of the Opposition, Voreqe Bainimarama and appointed by President Ratu Wiliame Katonivere.

Sayed-Khaiyum attended the first commission meeting on Sunday with Bainimarama.

Section 63 (1) (b) of the Fijian Constitution states that the seat of a member of Parliament becomes vacant if the member with the member’s consent, becomes the holder of a public office.

Section 57— (3) states that for the purposes of this section, “public office” means— any office in, or as a member of, a statutory authority, a commission, or a board established by or continued in existence by the Constitution or any written law.

The Constitutional Offices Commission meeting was chaired by Prime Minister, Sitiveni Rabuka and also attended by Attorney General, Siromi Turaga.

The Prime Minister's nominees are prominent constitutional lawyer, Jon Apted and lawyer Tanya Waqanika.

According to Section 132 (1) of the 2013 Constitution, the Constitutional Offices Commission shall consist of the Prime Minister, who shall be the chairperson; the Leader of the Opposition; the Attorney General; 2 persons appointed by the President on the advice of the Prime Minister; and 1 person appointed by the President on the advice of the Leader of the Opposition.

This means the Prime Minister, Attorney General and Leader of Opposition are ex officio members of the commission, and they are in it by virtue of holding their positions.

The Constitutional Offices Commission is responsible for providing advice to the President for the appointment of the Chairperson and the members of the Human Rights and Anti Discrimination Commission; the Chairperson and the members of the Electoral Commission; Supervisor of Elections; Secretary-General to Parliament; the Chairperson and the members of the Public Service Commission; Commissioner of Police; Commissioner of the Fiji Corrections Service; Commander of the Republic of Fiji Military Forces; Auditor-General; and Governor of the Reserve Bank of Fiji.

fijivillage News confirms Sayed-Khaiyum's parliamentary seat will be vacated based on Section 63 (1) (b) of the 2013 Constitution that clearly states that the seat of a member of Parliament becomes vacant if the member with the member’s consent, becomes the holder of a public office.

fijivillage News has sent questions to Aiyaz Sayed-Khaiyum, Bainimarama, Turaga and the Parliamentary Secretariat.

Yesterday, Bainimarama said he deliberately nominated Sayed-Khaiyum's name for the Commission as he and Sayed-Khaiyum are needed in the Commission to ensure the 2013 Constitution is followed.

He says he will be leading the charge for the FijiFirst from inside Parliament while Sayed-Khaiyum will be doing FijiFirst work from outside Parliament.

Stay with us for developments.