Opposition Leader Voreqe Bainimarama has decided that the former Attorney-General Aiyaz Sayed-Khaiyum will exit from the Constitutional Offices Commission.
In a statement, Bainimarama says they will nominate a suitably qualified individual as their nominee to the Commission.
He says following his address on Tuesday night, they have received further reports of certain matters that are taking place in Government which he claims are detrimental to the Constitution, rule of law and good governance.
Bainimarama further claims that many Fijians and their families are living in fear of losing their jobs, many are concerned with the ineffective and inefficient delivery of Government services and in particular, its inability to attend to the recent floods.
He says many are concerned with promises made during election campaigns which are nowhere close to being fullfiled, others are concerned with promises made which, if delivered, will take Fiji back to the dark ages and be significantly detrimental to the lives of all Fijians and in particular, our youth.
Bainimarama adds others are questioning why this Government is stubbornly and recklessly undermining their rights and freedoms under the 2013 Constitution.
He says given this heightened development and the sheer number of complaints that they have received, and the manner in which the first Constitutional Offices Commission meeting was conducted, he has decided that the former Attorney-General Aiyaz Sayed-Khaiyum will exit from the Constitutional Offices Commission and to completely focus on the areas he had raised on Tuesday.
By: Vijay Narayan, Naveel Krishant
Wednesday 04/01/2023
FijiFirst Party General Secretary, Aiyaz Sayed-Khaiyum has to resign from the FijiFirst if he continues as a member of the Constitutional Offices Commission.
Section 14 of the Political Parties Act clearly states that a public officer shall not be eligible to be a member of a political party registered under the Act; shall not be eligible to hold office in a political party; shall not engage in political activity that may compromise or be seen to compromise the political neutrality of that person’s office; or publicly indicate support for or opposition to any political party registered under this Act or candidate in an election.
For the purposes of this section, “public officer” means any person holding any office in, or as a member of, a statutory authority, a commission, or a board established by or continued in existence by any written law.
Section 14(4) states that any public officer who intends to be a member of, or hold office in a political party, must resign from the respective public office prior to applying to become an applicant or a member of, or hold office in, a proposed political party or a political party.
A member of a political party who intends to resign from the political party shall give a written notice prior to his or her resignation to the political party; and the Registrar.
The resignation of the member of the political party shall take effect upon receipt of such notice by the Registrar.
Opposition Leader Voreqe Bainimarama said in a video message last night that he deliberately nominated Aiyaz Sayed-Khaiyum's name for the Constitutional Offices Commission, as he and Sayed-Khaiyum will provide the best representation on the Commission.
Bainimarama says they will highlight the anomalies and defend the 2013 Constitution.
Bainimarama adds he will be leading the charge for the FijiFirst from inside Parliament while Sayed-Khaiyum will be doing FijiFirst work from outside Parliament.
He says by having Sayed-Khaiyum outside of parliament, he will have more latitude to help those that require legal redress and moral support.
However the Political Parties Act indicates that Sayed-Khaiyum cannot hold on to the Commission post and the FijiFirst position.
He has to resign from one of these positions.
fijivillage has sent questions to Sayed-Khaiyum on what he intends to do and whether he will resign from the FijiFirst Party.
We have also sent questions to the Registrar of Political Parties, Mohammed Saneem on Sayed-Khaiyum's status and adherence to the Political Parties Act.
Stay with us for developments.
Registrar of Political Parties, Mohammed Saneem says any person taking up public office must ensure that they comply with section 14(1) of the Political Parties Act.
Saneem says public office holders according to section 14(1) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act are not eligible to be an applicant or a member of a registered political party; are not eligible to hold office in a registered political party; are not to engage in political activity that may compromise or be seen to compromise the political neutrality of that person’s office in an election; or publicly indicate support for or opposition to any proposed political party or a registered political party or candidate in an election.
fijivillage News had highlighted this section in the case of FijiFirst Party General Secretary, Aiyaz Sayed-Khaiyum who is no longer an Opposition appointee to the Constitution Offices Commission.
Sayed-Khaiyum has to resign from the FijiFirst if he continues as a commission member.
Saneem has not directly responded to our questions regarding Sayed-Khaiyum.
Earlier on 03/01/2023
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.
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