Speaker decides 17 FijiFirst MPs keep their seats, and refers Bainimarama and Koya for alleged probable breaches

Speaker of Parliament, Ratu Naiqama Lalabalavu has today decided that the 17 FijiFirst Party MPs who voted for the change in salaries and benefits in parliament did not breach the constitution, as after the independent legal advice received, he has rejected the FijiFirst notification because it does not comply with the requirements of Section 63(3) of the Fiji Constitution. Ratu Naiqama says the FijiFirst notification was signed by Voreqe Bainimarama, purportedly as the Leader of the FijiFirst, and Faiyaz Koya, as the Acting General Secretary of the FijiFirst.

He says Section 5(1)(d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, read together with Section 3(2) of the Electoral (Registration of Voters) Act 2012, disqualify a person serving a sentence of imprisonment of 12 months or longer from being an office holder in a registered political party.

The Speaker says consequently, Koya and Bainimarama were not lawfully permitted to hold Bainimarama, an incarcerated criminal, convicted and sentenced to a term of imprisonment of one year, out as Leader of the FijiFirst Party.

Ratu Naiqama says Section 63(3) of the Fiji Constitution required the FijiFirst notification to be signed by both the Leader and the Secretary of the party.

He says not only was it not signed by the Leader of the party, but the fact that both Bainimarama and Koya holding Bainimarama out to be the Leader appears to involve an aspect of criminality.

Ratu Naiqama says it is an offence under Section 27 of the Political Parties Act to knowingly or recklessly make a false statement.

He says he has referred this matter to the Registrar of Political Parties, Ana Mataiciwa, to take appropriate action, with the possibility of charges following should there be sufficient evidence to warrant such a course of action.

He adds that he is also aware that Mataiciwa has issued a notice to the FijiFirst Party requesting that certain breaches of the Political Parties Act be rectified.

Ratu Naiqama makes it clear that should the FijiFirst Party not rectify the breaches with the result that the party is deregistered, he has asked that the FijiFirst MPs notify him promptly as to whether they will become an independent Member or whether they will join an existing party.

He says he has had to seek independent legal advice, and to ensure that both the process he has followed, and his decision have been fair, independent, and impartial.

We are currently in the process of getting the Registrar of Parties.

One of the 17 FijiFirst MPs, Jone Usamate says he will continue to perform his role as a Parliamentarian, to the best of his abilities, and in keeping with FijiFirst values of integrity, meritocracy, diversity and self reliance as a nation.

fijivillage News is also trying to get Koya.