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"Notwithstanding subsection (5), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term" - DECREE!

1/2/2016

6 Comments

 

The Fiji Sun, in which the NFP's audited accounts were exclusively published on 13 November 2015 by the regime-controlled Supervisor of Elections, claim that the three NFP MPs might miss Parliament - the vindictive Khaiyum's Decree is silent on the matter. But we should not be surprised if Khaiyum comes up with the argument that the three MPs could remain Members of Parliament but will have no right to sit in Parliament during the duration of the party's suspension - the Decree is silent but he will interpret it his way! Fijileaks understands Public Accounts Committee was closing in on Aunty Nur Bano Ali so Khaiyum and nephew Saneem had to move swiftly against PAC chairman Professor Biman Prasad, also the NFP leader!

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Audit of political parties accounts

26.—(1) A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party.
(2) The accounts of every political party shall be audited annually by an auditor certified by the Fiji Institute of Accountants and shall be submitted to the Registrar within 3 months after the end of each financial year, who shall publish the accounts in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.
(3) The Registrar may at any time request the Auditor-General to carry out an audit of the accounts of a political party.
(4) Any person shall be entitled to inspect the audited accounts filed by a political party and, upon payment of a fee prescribed by the Registrar, be issued copies of the audited accounts.
(5) An auditor who provides a falsely audited account commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

PART 4—GENERAL PROVISIONS
Offences
27.—(1) A person who--
(a) fails to furnish particulars or information required to be furnished by a political party or by him or her
under this Decree;
(b) makes a statement which he or she knows to be false or which he or she has no reason to believe to be true; or
(c) recklessly makes a false statement under this Decree,
commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) Where a political party commits an offence under this Decree, every office holder of that political party
shall also be deemed to have committed the offence.
(3) Where an offence under this Decree is committed by a body of persons other than a political party--
(a) in the case of a body corporate other than a partnership, every director and the secretary of the body corporate shall also be deemed to have committed the offence; and
(b) in the case of a partnership, every partner shall be deemed to have committed the offence.
(4) A person does not commit an offence under subsection (1) or (2) if that person proves to the satisfaction of the court that he or she exercised due diligence to prevent the commission of that act as he or she ought to have exercised, having regard to all the circumstances.
(5) Where a political party commits an offence under this Decree, the Registrar shall have the power to--
(a) issue a warning and require the political party to conform to this Decree within a specified period; or
(b) suspend the registration of the political party for a period not exceeding 12 months.
(6) Notwithstanding subsection (5), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term.

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6 Comments
Dekho
1/2/2016 11:22:37 pm

In a dictatorship ( disguised as a democracy ) the dictator and his apparatchiks will interpret the law ( which they have made by decree and imposed on the people ) to suit the dictator's scheme of things.
Saneem is just a puppet of the dictator Khaiyum, who will interpret the law as he pleases.
Isn't that what's been happening since the unlawful takeover in 2006?

Reply
Rajend Naidu
2/2/2016 05:16:21 am

Editor,
ON BEING JUST
' Saudi Royal Family Gave $681m to Malaysian PM Who Banned Shia Islam' ( Global Research 1 Feb ).
On Wednesday last week Malaysia's attorney general confirmed that Saudi Arabia's royal family gave Malaysian PMNajib Razak a $681 m personal gift. It ended months of speculation about the source of the huge personal donation received from a " middle eastern donor " by the PM. The country's top anti- graft agency had recommended Najib Razak be charged with criminal misappropriation.
The transfer of the money was made ahead of the 2013 re- election of the PM. Razak who had been in office since 2009 is widely known for his clamp down on Shia minority Islam in the nation.
Quran 5:8 : " ... and do not let the hatred of a people prevent you from being just.Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do".
Time and again we see people - especially those in power - profess to be religiously pious but what they do is contrary to their religious teachings.
Sincerely,
Rajend Naidu

Reply
Fiji First Party
2/2/2016 08:42:45 pm

"Decrees of Disgrace.."
"The laws that the Commodore refers to are indeed not laws at all -but decrees. Decree(s) are irrelevant laws (lesser/quasi/pretender/despotic laws) and as Gandhi would have said (because Gandhi always spoke the truth) that it attaches no moral guilt or stigma - when decrees are disrespected, disregarded or disobeyed solely because decrees are ‘laws without rights’.

Indeed, Gandhi’s whole crusade of ‘non-cooperation’ was premised upon an attitude of defiance and disrespect of draconian laws of the colonial British India. Why should ‘decrees’ of the Fiji’s present regime, especially those which purportedly abrogates or otherwise interferes with and/or attempts to replace the peoples’ 1997 Constitution, with a pretender Constitution, be viewed any differently?"
[Fiji First Party Submissions to the President - 30th January 2013].

Reply
Dumb Politicians & Dumb Saneem...!!!
2/2/2016 11:26:03 pm

These are all naïve politicians who jumped at everything just to think parliament was going to open up room to debate and bring us out of dictatorship into parliamentary democracy.

When you join illegalities, you should have expected more illegalities will come your way. Now illegal laws have come to bite that even Saneem cannot interpret his own laws...!!!.

Reply
Injustice
3/2/2016 10:37:22 am

Agree with you Dumb Politicians and Dumb Saneem.

Actually saneem does not have intellectual capacity to interpret anything. He cannot exercise his own judgement because he doesnt have one. His interpreter is Solicitor General and he is spoon fed by uncle khaiyum.

Reply
Bahuki
4/2/2016 04:18:53 am

Which makes Saneem nothing more than someone who always needs his butt wiped and diaper changed by AK-47.

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