The case where the Fiji Labour Party and Unity Fiji Party have taken the Speaker of Parliament, the Government and the Attorney General to court, seeking a declaration that it is unconstitutional to not allow political parties to file cases in the High Court if they have issues with decisions made by the Registrar of Political Parties and the Electoral Commission, was called for the first time today.
FLP and Unity Fiji filed legal action in relation to the amendments to the Political Parties Registration, Conduct, Funding and Disclosures Act where the right of the aggrieved party to appeal in the High Court against the decisions of the Registrar of Political Parties and Electoral Commission, have been removed.
These two parties are represented by Sevuloni Valenitabua who was asked by the Chief Justice Kamal Kumar this morning to step outside and remove his bip.
Valenitabua was wearing his bip without a robe.
Chief Justice Kumar said Valenitabua was a very senior lawyer and asked if that was how he was supposed to be dressed in court.
The court then waited as Valenitabua went outside to remove his bip.
When he returned inside, Valenitabua apologised.
R Patel Lawyers partner Devanesh Sharma and Associate Gul Fatima informed the court today that they are acting on the instructions of the Attorney General’s Chambers for the three defendants.
Valenitabua says that they have filed the originating summons together with an affidavit by Mahendra Chaudhry.
In response, Sharma told the court that there are three affidavits they have to respond to and they seek 21 days to file their responding affidavits in this matter.
He says there are a number of issues they would like to raise in the affidavits itself and then take it up as well in the substantive hearing.
Valenitabua has asked for 14 days to reply to Sharma.
He also sought leave of the court this morning to file a supplementary affidavit by Chaudhry.
The case has been adjourned to 30th April 2022.
