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LEAWERE MUST BE SODELPA MP: Fiji High Court rules in his favour dismissing Khaiyum's challenge to the appointment - full details later! 

8/6/2015

11 Comments

 
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STATEMENT

[60/6/15]

Ro Teimumu Kepa today welcomed the outcome on Hon Leawere’s case, but was perplexed about the need for it to have occurred in the first place. She asked what was the point of it?

Ro Teimumu Kepa today welcomed the outcome on Hon Leawere’s case, but was perplexed about the
need for it to have occurred in the first place. She asked what was the point of it? But I thank God for his guiding hand and our Defense team, Vinaka Vakalevu.

I am also happy for Hon Leawere and his family and glad that the stressful time they have had to endure during this case has come to an end and I look forward to his contribution in the many debates that lay ahead.

Ro Teimumu said that now that the case has been dispensed with, and comment on it possible, I would like to know what was the point of it?  After all the outcome had it gone against us, would not have resulted in a ‘bi-election’ that Fiji First might have felt would increase their seat numbers in the house, the seat would have remained with SODELPA and gone to the next in line in our team.

A lot of time, money and resources were spent on this matter, and it is my view that while any challenge to any of our members is a matter of concern to us, this case raises more questions than it provides answers.

Ro Teimumu said she would make a full statement once she has had the opportunity to read the full judgment and for now she and her party members were looking forward to meeting the people of Nadroga Navosa on Tuesday and Wednesday as part of their 2nd schedule of Constituency meetings and welcomed all who could attend.

Authorized By                           
Ro Teimumu Kepa



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http://www.fijileaks.com/home/hurry-up-hurry-up-khaiyum-prodded-election-commission-chief-young-to-expedite-the-appointment-of-mikaele-leawere-and-when-the-commission-did-the-tyrant-is-now-challenging-the-decision-in-court
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Judge agrees with Fijileaks above contention:
"While delivering his judgment this evening, Judge Justice David Alfred stated that the Commission did not err in law while awarding the seat to Leawere and that Leawere was not wrong when he had advised the Commission that he was available to take up the vacant seat as he had already resigned from his post as Acting General Secretary of the Fijian Teachers Association."
Read more at: http://fijilive.com/news/2015/06/leawere-retains-seat-in-parliament/61212.Fijilive

The Great Schemer: Khaiyum already planning to outdo Judgment:

The Attorney General says while they are yet to receive a copy of the written ruling however from the brief provided by counsel, it appears that the court ruling allows losing candidates to return to or be appointed to positions of public office even though they might be called upon later to join Parliament if a seat becomes vacant.

He adds this case sets an unfortunate precedent.

The Attorney General also says that the ruling does indeed have the potential of compromising the political neutrality of public offices, and given that the ruling of the High Court is final, it may be appropriate for the relevant laws to be clarified through appropriate legislative amendment.

Defence Counsel and chairman of Electoral Commission, Chen Bunn Young says this case is not about who is going to win, as the judge spent a lot of time thinking it through.

Young says this gives constitutional lawyers substance and some reference point.  Source:  Fijivillage News

DOES THIS MAN UNDERSTAND MEANING OF CONFLICT OF INTEREST?

AG responds to petition dismissal

The Attorney General Aiyaz Sayed-Khaiyum says the ruling of the Court of Disputed Returns yesterday which dismissed his petition against the Electoral Commission opens the door for mixing politics and public offices – two realms which must always remain separate.

He adds that by law, a candidate for Parliament must step down from any public office he or she holds in order to avoid conflict of interest.

The need to avoid this conflict of interest and the demarcation between politics and public office is especially important in our electoral system given that we no longer have by-elections in the event of a vacancy.

The AG says “This case sets an unfortunate precedent.

For example, the political party with majority seats in Parliament and forming Government could simply now put all their unsuccessful candidates in public offices, and then also have the benefit of having the same candidates declared as Members of Parliament if there is a vacancy in Parliament."

The AG stated that the ruling does indeed have the potential of compromising the political neutrality of public offices, and given that the ruling of the High Court is final, it may be appropriate for the relevant laws to be clarified through appropriate legislative amendment. Source: FBC News
11 Comments
Kavita
8/6/2015 02:17:21 am

Congratulations ! Hon Leawere. Being a workers champion, you are much needed in parliament.

Reply
Raja
8/6/2015 03:56:45 am

How much Davesh Sharma was paid by AG office warrants investigation

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WellDone Sodelpa!
8/6/2015 04:32:33 am

So the "Justice" is well and alive in Fiji??

Now should the $1,000-00 ordered to be paid by Lewere be returned to him and just how much we wonder was ordered as compensation to Sodelpa ?? Dieing for more news on our minor victory but significant victory.

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Slow
8/6/2015 04:37:12 am

When would Ro Kepa understand that all these (and many more to come) came about to develop 'jurisprudence' in the area. Really, sometimes Kepa is so slow.

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Judge
8/6/2015 04:45:44 am

Its not to develop jurisprudence.

This case is the haphazard way Aiyaz Khaiyum showed his Electoral Decree on us.

It wanted to make sure that public officers who gave up their positions to fight election, and if they lost, should never try again to enter politics

And the likes of Leawere to starve while waiting to see if they would enter Parliament under Khaiyum's electoral decree

When it came to Bainimarama and Khaiyum, the master boss made sure they were both exempt from described as public officers

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Fiji First Party
8/6/2015 07:52:58 am

A case of JR is also where law seems ambiguous and the ‘intent of the legislation’ is to be made clearer by the Court by interpreting the law so as to mean, in future, what the court now determines.

The Courts in coming to its decision usually looks (amongst other things) at the ‘Bill’ of the relevant law as it was presented to the Parliament for debate and as well as the proceedings of the debate so as to establish the true ‘intent / wishes / objectives / spirit of the parliamentarians’ as and when that Bill was debated and passed into Law.

In this case of Khaiyum’s Electoral Decree – the Judge had no Bill and no proceedings of any debate to look at, which preceded this illegal (unconstitutional) draconian decree.

The Judge would only have marveled at the demented mind which conceived such a devilish, self-centeredness and then dared to have the audacity to even call it a ‘law’.

And an elections and a parliament came into being as a result of this crazy decree (of disgrace) – and not forgetting to mention the IP Thievery of our good Fiji First Party name.

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And
8/6/2015 03:03:39 pm

Every single section of the FRAUD 2013 Constitution of Fiji is as erred as the section 64 and which is as erred as Khaiyum. God bless Fiji.

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another battle won
8/6/2015 02:33:17 pm

interesting turn of events - from welcoming him to parliament, making a case and he is confirmed as MP. the mockery of the system never ceases to amaze - now ASK is talking about precedents, neutrality of public officers and clarifications of laws....what next?

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orzy link
8/6/2015 04:40:04 pm

Just a waste of money and resources. This is how an idiot runs the show at the expense of the taxpayers. He didn't care less and so is his dumb PM. At least the judge decision is precise and forthright. What a mockery such decree is.

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Anon
8/6/2015 05:36:11 pm

Now that it's done and AG making those comments, he simply is now in contempt of court ruling. I hope someone makes a move and slap that contempt on him.

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Western Heat
8/6/2015 06:35:08 pm

The current Deputy PS for I-Taukei Affairs is another candidate that failed in the last elections and was given a RED Carpet treatment upon his return to the Ministry. He resigned his post to contest the elections but walked straight back even when an incumbent was acting in the position - there was no interview done or that post advertised so the poor officer had to step aside much to his frustration and disagreement. This failed politician shrugs off any effort to raise their grievances simply because of his close association with the ruling party. Naupoto is another failed politician given a Public Office after unsuccessfully contesting. I wonder if they are given a chance to enter parliament will it be an issue similar to what Lewawere had to go through. Only time will tell and judging by what's transpired over the years, ASK will ignore every issues raised and ensure that their transition into the house is incident free....so much for even grounds or level playing fields.

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