The lawyer for some SODELPA members who are seeking redress in court against some SODELPA executives say the matter can be resolved in court while the lawyer for the party says this is not a matter for the court to resolve.
The SODELPA members have alleged that the executive members of the party have breached the party constitution, the Political Parties Act and the Constitution of Fiji.
The party’s Suva Constituency President, Watisoni Nata, Youth Wing President, Jope Koroisavou, SODELPA’s Vice President of the Women’s Forum, Doctor Mere Samisoni, the party’s Secretary of the Women’s Forum, Emele Duituturaga, SODELPA Women’s Wing Lami President, Kesaia Makita and the party’s Lami Youth executive, Asenaca Ravulo have taken legal action against the party executives.
Ashneel Narayan who is representing the SODELPA members says SODELPA cannot deal with the issue internally as the General Secretary who is one of the executives who allegedly breached the constitution, the Political Parties Act and the party constitution, will be responsible for addressing and arranging for the redress.
He says like any other political party, SODELPA has a constitution that is recognized under the Political Parties Act and subsequently, the country’s constitution.
SODELPA lawyer Filimoni Vosarogo says the court does not have the jurisdiction to trial the case as this is an intra-political party issue.
He also argued that a similar case was brought into the Nigerian Court where it was ruled that the court does not have the jurisdiction to deal with such cases.
However, Narayan says that the case cannot be used as a reference as the Nigerian constitution as no similarities to the Fijian Constitution.
The legal action is filed against SODELPA President, Ro Filipe Tuisawau, Anare Jale, Adi Litia Qionibaravi and Usaia Waqatairewa.
The members who have taken the legal action against party executives say that this case has come about following the failure to address the contentious issues internally, and which was exhausted for 2 months following the Annual General Meeting in Savusavu on the 28th of June, 2019.
Relief sought from the court according to court applications are for, amongst other things, the holding of fresh elections to appoint certain office bearers of the party and the nullifying of the results of the SODELPA elections in Savusavu.
Arbitration Tribunal Judge Vishwa Dutt Sharma has said that the lawyers will be notified of its decision.
