SUVA lawyers Singh & Singh have filed an originating summons in the Fiji High Court on behalf of the Fiji Labour Party in the matter of the Political Parties (Registration, Conduct, Funding and Disclosures) Decree 2013 (Decree No. 4 of 2013) and in the Article 21 of the United Nations Universal Declaration on Human Rights and Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation and Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR).
The summons was filed on behalf of FLP president Lavinia Paradrath (Ist Plaintiff) against the President of Fiji, the Attorney-General and the Registrar of Political Parties. The FLP is calling for interim injunction restraining the Registrar from proceeding with the deregistration of the FLP under the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 pending the determination of its application or until further order of High Court; (2) that the FLP shall continue to operate as a political party, as registered under the Electoral (Registration of Political Parties) Regulations 1991 or by order of this Honourable Court pending the determination of this application or further order of Court; and a Declaration that the absence of a transitional and saving section in the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 is unreasonable and will adversely affect the FLP in getting resolution from its membership in accordance with its rules and constitution with respect to matters concerning changes to its constitution, its re registration and or merger and or other matters relating to its functions as a political party; (4) a Declaration that: a) Section 4 (1) and (3), b) Section 5 (1) (2) and (3); c) Section 6 (3) (d) (e) (f) (i) and (j) and (k); d) Section 9 (2); Section 12 (2); e) Section 14 (2) (d); f) Section 16 (2); g) Section 17; h) Section 19; i) Section 21; j) Section 23; k) Section 24 (1) and (2) l) Section 25; and m) Schedule 2 Article 16 of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 impose statutory requirements which are unreasonable, oppressive and violate and or are inconsistent with Article 21 of the United Nations Universal Declaration on Human Rights and Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation and Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR); (5) an Order that a) Section 4 (1) and (3), b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k); d) Section 9 (2); Section 12 (2); e) Section 14 (2) (d); f) Section 16 (2); g) Section 17; h) Section 19; i) Section 21; j) Section 23; k) Section 24 (1) and (2) and l) Section 25 m) Schedule 2 Article 16 of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be severed and or to be amended to ensure conformity and or compliance: i. with the test of reasonableness in registration of political parties; ii. the right to individual privacy; iii. the right to freedom and privacy of and or political affiliation;
iv. independence of political parties on matters of funding and or policy;
v. Article 21 of the United Nations Universal Declaration on Human Rights;
vi. Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation; and
vii. Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
6. AN ORDER that the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be suspended pending the implementation of the new constitution of the Republic of Fiji;
2. AN INTERIM ORDER that the 2nd Plaintiff shall continue to operate as a political party, as registered under the Electoral (Registration of Political Parties) Regulations 1991 or by order of this Honourable Court pending the determination of this application or further order of Court.
3. A DECLARATION that the absence of a transitional and saving section in the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 is unreasonable and will adversely affect the 2nd Plaintiff in getting resolution from its membership in accordance with its rules and constitution with respect to matters concerning changes to its constitution, its re registration and or merger and or other matters relating to its functions as a political party;
4. A DECLARATION that:
a) Section 4 (1) and (3),
b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k);
d) Section 9 (2); Section 12 (2);
e) Section 14 (2) (d);
f) Section 16 (2);
g) Section 17;
h) Section 19;
i) Section 21;
j) Section 23;
k) Section 24 (1) and (2)
l) Section 25; and
m) Schedule 2 Article 16
of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 impose statutory requirements which are unreasonable, oppressive and violate and or are inconsistent with Article 21 of the United Nations Universal Declaration on Human Rights and Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation and Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
5. AN ORDER that
a) Section 4 (1) and (3),
b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k);
d) Section 9 (2); Section 12 (2);
e) Section 14 (2) (d);
f) Section 16 (2);
g) Section 17;
h) Section 19;
i) Section 21;
j) Section 23;
k) Section 24 (1) and (2) and
l) Section 25
m) Schedule 2 Article 16
of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be severed and or to be amended to ensure conformity and or compliance:
i. with the test of reasonableness in registration of political parties;
ii. the right to individual privacy;
iii. the right to freedom and privacy of and or political affiliation;
iv. independence of political parties on matters of funding and or policy;
v. Article 21 of the United Nations Universal Declaration on Human Rights;
vi. Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation; and
vii. Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
6. AN ORDER that the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be suspended pending the implementation of the new constitution of the Republic of Fiji;
7. AN ORDER that the time for service and hearing of this application be abridged.
8. ANY OTHER ORDERS that this Court may deem just and expedient in the circumstances;
The summons was filed on behalf of FLP president Lavinia Paradrath (Ist Plaintiff) against the President of Fiji, the Attorney-General and the Registrar of Political Parties. The FLP is calling for interim injunction restraining the Registrar from proceeding with the deregistration of the FLP under the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 pending the determination of its application or until further order of High Court; (2) that the FLP shall continue to operate as a political party, as registered under the Electoral (Registration of Political Parties) Regulations 1991 or by order of this Honourable Court pending the determination of this application or further order of Court; and a Declaration that the absence of a transitional and saving section in the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 is unreasonable and will adversely affect the FLP in getting resolution from its membership in accordance with its rules and constitution with respect to matters concerning changes to its constitution, its re registration and or merger and or other matters relating to its functions as a political party; (4) a Declaration that: a) Section 4 (1) and (3), b) Section 5 (1) (2) and (3); c) Section 6 (3) (d) (e) (f) (i) and (j) and (k); d) Section 9 (2); Section 12 (2); e) Section 14 (2) (d); f) Section 16 (2); g) Section 17; h) Section 19; i) Section 21; j) Section 23; k) Section 24 (1) and (2) l) Section 25; and m) Schedule 2 Article 16 of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 impose statutory requirements which are unreasonable, oppressive and violate and or are inconsistent with Article 21 of the United Nations Universal Declaration on Human Rights and Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation and Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR); (5) an Order that a) Section 4 (1) and (3), b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k); d) Section 9 (2); Section 12 (2); e) Section 14 (2) (d); f) Section 16 (2); g) Section 17; h) Section 19; i) Section 21; j) Section 23; k) Section 24 (1) and (2) and l) Section 25 m) Schedule 2 Article 16 of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be severed and or to be amended to ensure conformity and or compliance: i. with the test of reasonableness in registration of political parties; ii. the right to individual privacy; iii. the right to freedom and privacy of and or political affiliation;
iv. independence of political parties on matters of funding and or policy;
v. Article 21 of the United Nations Universal Declaration on Human Rights;
vi. Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation; and
vii. Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
6. AN ORDER that the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be suspended pending the implementation of the new constitution of the Republic of Fiji;
2. AN INTERIM ORDER that the 2nd Plaintiff shall continue to operate as a political party, as registered under the Electoral (Registration of Political Parties) Regulations 1991 or by order of this Honourable Court pending the determination of this application or further order of Court.
3. A DECLARATION that the absence of a transitional and saving section in the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 is unreasonable and will adversely affect the 2nd Plaintiff in getting resolution from its membership in accordance with its rules and constitution with respect to matters concerning changes to its constitution, its re registration and or merger and or other matters relating to its functions as a political party;
4. A DECLARATION that:
a) Section 4 (1) and (3),
b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k);
d) Section 9 (2); Section 12 (2);
e) Section 14 (2) (d);
f) Section 16 (2);
g) Section 17;
h) Section 19;
i) Section 21;
j) Section 23;
k) Section 24 (1) and (2)
l) Section 25; and
m) Schedule 2 Article 16
of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 impose statutory requirements which are unreasonable, oppressive and violate and or are inconsistent with Article 21 of the United Nations Universal Declaration on Human Rights and Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation and Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
5. AN ORDER that
a) Section 4 (1) and (3),
b) Section 5 (1) (2) and (3);
c) Section 6 (3) (d) (e) (f) (i) and (j) and (k);
d) Section 9 (2); Section 12 (2);
e) Section 14 (2) (d);
f) Section 16 (2);
g) Section 17;
h) Section 19;
i) Section 21;
j) Section 23;
k) Section 24 (1) and (2) and
l) Section 25
m) Schedule 2 Article 16
of the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be severed and or to be amended to ensure conformity and or compliance:
i. with the test of reasonableness in registration of political parties;
ii. the right to individual privacy;
iii. the right to freedom and privacy of and or political affiliation;
iv. independence of political parties on matters of funding and or policy;
v. Article 21 of the United Nations Universal Declaration on Human Rights;
vi. Article 1.1, Article 2 (3) (a) Article 3, the Principles of Freedom of Association Committee of the Governing Body of the International Labour Organisation; and
vii. Article 5 (1) of International Covenant on Civil and Political Rights (ICCPR);
6. AN ORDER that the Political Parties (Registration, Conduct, Funding and Disclosure) Decree 2013 be suspended pending the implementation of the new constitution of the Republic of Fiji;
7. AN ORDER that the time for service and hearing of this application be abridged.
8. ANY OTHER ORDERS that this Court may deem just and expedient in the circumstances;
