We now know why there is a standoff between FijiFirst and the Speaker of the Parliament, Ratu Naiqama Lalabalavu, and the Supervisor of Elections, Ana Mataiciwa, over the status of Frank Bainimarama as party leader and why the 17 MPs ousted from the party for supporting the emoluments increases are stubbornly insisting they are still FijiFirst MPs.
We have always assumed that the FijiFirst Constitution requiring its members to obey any instruction and the 2013 Constitution requiring the Speaker to remove any MP from parliament who fails to do so is the end of the matter. Not so. There is the added complication of the Electoral (Registration of Voters Act) 2012 and the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013. And both of them have thrown up seemingly insurmountable impediments to Frank Bainimarama remaining as an ordinary voter, let alone leading a political party.
The clause in the Electoral Act is unambiguous : “Any person who, during the registration period, is serving a sentence of imprisonment of twelve (12) months or longer imposed by a court in Fiji … SHALL NOT HAVE THE RIGHT TO BE OR SHALL CEASE TO HAVE THE RIGHT TO BE REGISTERED AS A VOTER”.
And on the question of leading a political party, the Political Parties Act is also unambiguous: “Only those persons who are registered as a voter under the Electoral (Registration of Voters) Act 2012 may be a member of a proposed political party or of any political party registered under this Act; or be an office holder in a proposed political party or in any political party registered under this Act”.
This is how FijiFirst has come unstuck – being ignorant of the very legislation it drafted in government in advance of the 2014 election. It beggars belief that Aiyaz Sayed Khaiyum didn’t know this before he organised a letter to be sent to the Speaker under the signature of Frank Bainimarama as “Leader, FijiFirst” asking him to remove the 17 rebel FijiFirst MPs. (see previous posting).
What happens next? If the Supervisor of Elections informs the Speaker (and she may have already done so ) that Frank Bainimarama is no longer an elector, cannot lead a political party and indeed, is legally barred from playing any role in the political process, the letter is invalid. Which is why the 17 rebels are still claiming this afternoon that they are FijiFirst MPs.
Presumably FijiFirst is going to have to appoint another leader of the party and resubmit its request to the Speaker. Yet aside from anything else this is a major blunder that calls into question Aiyaz Sayed-Khaiyum’s judgment as never before.
The full advice from our resident constitutional expert – a person with high-level experience in Fiji and the region who has requested anonymity:
Hi Graham
The recent turmoil involving the Fiji First Party and its written advice to the Speaker of the Parliament that 17 Fiji First members of the Parliament in accordance with s.63(1)(h). The letter to the Speaker was signed by former Prime Minister J.V. Bainimarama as leader of Fiji First and F.S. Koya as Acting General Secretary of Fiji First.
Is the advice to the Speaker correct? I suggest it is maybe not!
I don’t believe the former PM can be the leader of the Fiji First Party. His conviction and sentence make him ineligible to be a member of the Fiji First Party as he no longer meets the following provision of the Fiji First Party Constitution:
- WHO CAN BELONG AND HOW YOU CAN JOIN
5.1 Eligibility
Membership of FijiFirst, its Divisions, Branches and other cognate parts is offered to any citizen of voting age who:
(a) Meets the statutory criteria for participation in the political process in Fiji;
(b) Is not ineligible to be elected to the Parliament of Fiji;
(c) Undertakes to comply with this Constitution; and
(d) Is not a member of any other political party.
Fiji Legislation
On top of this is the existing legislation which defines who can be a voter and what can disqualify them.
As former Prime Minister J.V. Bainimarama has been convicted and is serving a sentence he does not meet the criteria of s.3 in the Electoral (Registration of Voters) Act 2012 to be registered as a voter.
He may also not qualify to be an officeholder under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 for the same reason. The following sections of the relevant Acts are provided.
ELECTORAL (REGISTRATION OF VOTERS) ACT 2012
Interpretation
“qualified person” means a person who has the right to be registered as a voter;
“voter” means a qualified person whose name has been entered in the National Register of Voters;
Registration of voters
- – (l) Subject to subsection (2), a person who – (a) has reached the age of eighteen (18) years; and (B) is a citizen of Fiji, shall have the right to be registered as a voter.
(2) Any person who, during the registration period, is –
(a) serving a sentence of imprisonment of twelve (12) months or longer imposed by a court in Fiji or by a court of another country; or
(b) under a law in force in Fiji, adjudged or declared to have a mental disorder, SHALL NOT HAVE THE RIGHT TO BE OR SHALL CEASE TO HAVE THE RIGHT TO BE REGISTERED AS A VOTER unless the circumstances in paragraphs (a) and (b) cease to exist.
POLITICAL PARTIES (REGISTRATION, CONDUCT, FUNDING AND DISCLOSURES) ACT 2013
Registered voters to be members and office holders etc.
5.—(1) Only those persons who are registered as a voter under the Electoral (Registration of Voters) Act 2012 may—
(a) contest for an elective position in a proposed political party or in any political party registered under this Act;
(b) be an applicant for registration of a proposed political party;
(c) be a member of a proposed political party or of any political party registered under this Act; or
(d) be an office holder in a proposed political party or in any political party registered under this Act.
(2) A person is disqualified from being an applicant or a member of a proposed political party if that person has, in the 5 years preceding the date of the application for registration—
(a) been declared an undischarged bankrupt; or
(b) been convicted of an offence and sentenced to imprisonment for a period of not less than 6 months.
(3) 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—
(a) been declared an undischarged bankrupt; or
(b) been convicted of an offence and sentenced to imprisonment for a period of not less than 6 months.
It is also interesting that the FFP Constitution has no provisions for the appointment, roles and functions of a Party Leader.
There is, however a provision under 5.3 c) for a Parliamentary Leader, which is currently held by the Leader of Opposition, Hon Seruiratu.
This then questions the claim for Party Leadership by FB and ASK’s assertion in the media that FB remains FFP ‘s Party Leader. How on earth are they clinging to an office that’s non-existent in their own Party constitution?
And 63.3 of the 2013 constitution is very clear. The letter to the Speaker should be signed by the Party Leader (which is a non-existent office at FFP) and the Secretary.
I wonder what’s next.
Feel sorry for this former PM
Ulukau
He is still been used by his puppet master
His been given hope that soon he will be out of prison by his master and will be appointed as President this time
What a crap
The Fiji First leader has appealed against his conviction and his case remains open before the higher court for determinations. Under those circumstances he could still remain the Leader until the outcome of that appeal. This is an unusual and untested legal case and it’s time for the superior court to intervene.
Absolute crap, he has been convicted and till such time that is overturned by an appeal he is a convict and does not enjoy the rights and privileges that is given to a normal citizen as per the political parties act and the imposed Fiji constitution.
He’s smart kaidia, is not smart at all, the law he create to Jail anyone who disagree with him, now is coming back and bite him on the arse
Keywords here are “during the registration period” What does that actually mean? as everything that follows depends on that.
Also “SHALL NOT HAVE THE RIGHT TO BE OR SHALL CEASE TO HAVE THE RIGHT TO BE REGISTERED AS A VOTER unless the circumstances in paragraphs (a) and (b) cease to exist.” is only talking about the right to be registered. He is already “registered” ?
Lots of loopholes to jump through here. Just saying ……….
Beggars belief? We have known for quite some time that Mr Kaiyum (or whatever the right spelling is) is not a smart lawyer.
Making Bai sign that letter is guaranteeing a FICAC charge now. I guess Bai must be getting comfortable over there to not mind spending some more time with new charges. A person committing illegal acts while in prison! How about that, hahaha.
When questionable judicial heads can make decisions in law that are probable to political motivations, anything is possible.
Pigs fly in Fiji.
Time to appoint Frank’s replacement, if not for a day only to validate the letter to the Speaker.
If government can do that for the late Dr Jona Senilagakali and Tevita Monoedonu, Prime Ministers for a day, FFP can appoint Frank’s replacement for a day only.
What many miss is that the FFP is unlike any other party, it is “owned” by just three persons, one the late former Speaker Jiko Luveni, is dead, another Voreqe Bainimarama, is in gaol and the third, Aiyaz Sayed-Khaiyum resigned as general secretary, but as “owner,” can still sack the 17 greedy MPs who voted for an unreasonable pay rise.
As a beneficiary of the Tabuya motion to raise salaries, the Speaker cannot take a ruling himself and should recuse himself from the process.
He has a clear conflict of interest.
Catch Phrase you all missed…Do you think Aiyaz is that silly that he will stuff up, he got the trump card, an ace up his sleeve
I wont spoil the story, await Koyas response
Smart Khaiyum
Section 18 of the Electoral Act stated that the Supervisor of Elections must immediately report a probable commission of an election-related criminal offence including any criminal offence prescribed in the Electoral Act.
“Section 5(3) which Ana Mataiciwa has cited in referring the so-called matter of FijiFirst’s leadership to FICAC is not under the Electoral Act, but under the Political Parties Act.
“Under the Political Parties Act, Ana Mataiciwa would refer any probable breaches to FICAC as the Registrar of Political Parties.
“The Registrar of the Political Parties maintains the political parties register, which includes the details of all office holders of political parties. Again, these office holders, as defined under the Political Parties Act do not include, the leader of a political party.”
All the beneficiaries, including
the Speaker, is ready to make a fundamental decision on something that hugely benefits him and others who have voted for the motion. In this case it is money which will directly benefit the individual. Money. Not tavioka or a fish that costs $20. Money as in $8.1 mil paid by the taxpayers. This is called a conflict of interest and the practice is fraudulent. No one votes for their own payrise in any public service job.
Fu$ked. Absolutely Fu$ked.
Does the ordinary Sione has the right to take the government MPs to court over this? Yes, exactly so.
Is the military stepping in to sort this mess already!
The smart kaidia proves once again that he is not so smart after all.
Dies by his own sword. One more feather to his embarrassment cap.
It’s hard getting used to live by the rule of law after 16 years of dishing out your own interpretation of the law and the muscle power to change laws to suit your agenda.
The kaidia getting isolated day by day,
Ha! Ha!
I say good riddance.
The stand off between FFP and the 17 clearly shows that FFP party and the constitution was designed to serve Bai and Kai.
Those that were not in line with them was to be sin binned only this time those that are to be sin bin are biting back big.
How long before Frank and Aiyaz turn against each other.
Will Frank continue to be mislead by Aiyaz or will he say enough is enough and time to dumb the not so smart Kadia.
Rather than repeat what has been reported it would better serve discussions on this medium to come up with solutions. We cannot change the party rules but we can suggest to the government of the day “solutions”. Example any convicted person should not be able to stand for government parliament position ever, be a political party head or office bearer. Fiji can learn from the shit that is happening in the US today with Donald Trump.
The events in Fiji today is not about “kai dia or kai viti” because it’s shit that is happening around the world and greedy self centred men and women who want to remain in power at any cost and not in government to serve the people.