Supervisor of Elections, Mohammed Saneem says since the three cases filed by the Fiji Labour Party and Unity Fiji against amendments to the Electoral Act, the Political Parties Act and to direct the Constitutional Offices Commission to order for an investigation of the Supervisor of Elections have been struck out by the court, there will definitely be defamation actions after the elections.
He says the attempt by the Fiji Labour Party to harass the Supervisor further has again been dismissed by the court.
Saneem says the High Court has dismissed an application made by the FLP and Unity Fiji challenging the Parliament’s approval of Section 116 4(c) and 4(d) of the Electoral Act.
He says there are some costs that have been awarded but as far as the application of the law, this means Section 116 4(c) and 4(d) of the Electoral Act remains as good law and it will be adequately imposed by the FEO as required under the Electoral Act and any political party that makes financial commitments is required to comply.
Saneem says FLP and Unity Fiji have been ordered to pay costs to the parties they had filed the action against. The case was filed against the Speaker of Parliament, the Government and the Attorney General.
Saneem says another matter is the challenge by FLP and Unity Fiji in relations to Section 30 and 30 A(3) of the Political Parties Act. He says the challenge was on the basis that these provisions are unconstitutional, invalid, null and void however, the High Court has struck out this application as well and both parties have been ordered to pay costs to the parties they had sued.
Saneem says therefore Section 30 and 30 A(3) of the Political Parties Act remains as proper law in Fiji and will apply and all political parties and actors in the political party scene ought to note that these laws are still in force.
He says there is continued harassment by the FLP of the Supervisor of Elections and the FLP filed some baseless complaints with FICAC and once again they did not challenge the same in the High Court.
Saneem says the High Court has struck out the matter in relation to FLP and Unity Fiji’s attempts to direct the Constitutional Offices Commission to order for an investigation of the Supervisor of Elections by a Commission appointed tribunal on allegations of misbehaviour, a Commission furnished report on the investigations and for the President to be advised whether or not to remove the SOE on the grounds of misbehaviour.
He says FLP and Unity Fiji have been ordered to pay costs to parties they had sued.
Saneem says this means the three cases have been struck out by the court because they were improper to begin with and they have been ordered to pay costs and adds he is sure they will be complying with the law.
He adds he is keeping this all on file and there will definitely be defamation actions after the elections when he is a bit more free to do other things other than running the national exercise.
