FijiFirst chaos continues, Speaker to seek legal advice on the 17

Speaker of Parliament, Ratu Naiqama Lalabalavu has written to the 17 FijiFirst MPs advising that Ratu Naiqama has decided to seek legal advice after he received a letter from the FijiFirst last week that the 17 should vacate their MP seats for not following the party directive to vote against the motion relating to salaries and benefits.

FijiFirst MP, Jone Usamate says Ratu Naiqama has said that whilst his office is awaiting the legal advice, the 17 members will continue with their Parliamentary duties.

Some within the FijiFirst are also suggesting that the party President, Ratu Joji Satakala had resigned earlier this week, however when contacted by fijivillage News, he said these are maybe just rumours and he did not want to make any further comments.

Questions are being raised on the legality of the party directive given to the MPs.

Supervisor of Elections, Ana Mataiciwa has referred the matter to FICAC where former FijiFirst General Secretary, Aiyaz Sayed-Khaiyum had maintained that Voreqe Bainimarama remains the leader of the FijiFirst.

Mataiciwa has said that Bainimarama was convicted for the offence of attempting to pervert the course of justice contravening Section 190(e) of the Crimes Act 2009 and sentenced to a term of 1 year imprisonment.

She says she understands that this conviction has been appealed but Section 5(3) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act states that a person is disqualified from being an office holder of a political party that is registered under this Act if that person has, in the 5 years preceding the date when he or she applies to become an office holder of the political party been convicted of an offence and sentenced to imprisonment for a period of not less than 6 months.

An office holder refers to someone that is either elected or appointed by the members of the political party to hold office in that political party.

Mataiciwa says at the moment, Bainimarama continues his appointment as Party Leader despite not meeting the requirements of Section 5(3) of the Act.

She says the endorsement of the appointment of Bainimarama as Party Leader may be an offence relating to the Act.

She says pursuant to Section 18 of the Electoral Act 2014, she has referred this matter to the FICAC for their further action.

FICAC is yet to make a decision on the legality of Bainimarama still holding the party leader position.

Sayed-Khaiyum had earlier said that under Section 2 of the Political Parties Act, an office holder means someone who is elected or appointed by the members of a political party, and includes the president, vice-president, treasurer, secretary and registered officer of a party. He says party leader is clearly not included in this definition.

He had also said that the FijiFirst Constitution is not similar to the constitutions of other political parties.

He says it provides for provisions on the specific mechanisms for the appointment of its office holders, in line with the interpretation for the term office holder under the Political Parties Act, and which provisions also do not include the position of the Leader.

FijiFirst MP, Mosese Bulitavu says all issues need to be addressed and these include the matter in relation to the party leader position, the appointment of Faiyaz Koya as Acting General Secretary, no dispute process in the party constitution to deal with the 17 MPs’ grievances and the Opposition Leader, Inia Seruiratu not included in the Leadership Committee of the party although that is a requirement of the party constitution.

Aiyaz Sayed-Khaiyum and Faiyaz Koya are still not answering the questions sent to them.