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PERMANENT STAY OF PROCEEDINGS IN THE PIPEPLINE: As TANYA Waqanika charged by FICAC, her lawyer, former FICAC Commissioner Malimali, tells Magistrate they are going to High Court for stay application

11/12/2025

 

*The Timing Indicates Tactical Abuse, NOT Genuine Constitutional Concern. The pattern from Manoa Kamikamica, Biman Prasad, and now Tanya Waqanika, speak for itself. The Fijians see the permanent stay applications as an attempt to undermine criminal accountability through procedural manoeuvring. Publicly, they have become a scandal because they reinforce the perception that powerful defendants do not want their day in court.
*As a principal complainant against Biman Prasad following three years of meticulous examination of his statutory declarations, he should be facing multiple charges, which FICAC was planning on 5 September 2024.
*As for Waqanika, we are surprised it took so long to charge her, so the Court could rule on statutory board applications and political meddlings.
Now, her lawyer Malimali wants a permanent stay of proceedings.
*The late SODELPA MP and businesswoman Dr Mere Samisoni had raised the conflict way back in 2023 and 2024 to Fijileaks.
*Sadly, Waqanika and I have been on very cordial and familial terms for years against the repressive Bainimarama-Khaiyum regime.
*When she was dismissed as a Fiji TV executive in the wake of the Rugby Sevens broadcasting scandal involving Khaiyum, Fijileaks even acted as a conduit to support her case, publishing highly confidential documents to back up her complaints.
*We believe Waqanika should fight the charges rather than attempting to obtain a stay of proceedings on the grounds that the Acting FICAC Commissioner's appointment is allegedly illegal, and therefore she could not sanction the charges against her (Waqanika).

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Prominent lawyer Tanya Waqanika has been charged by FICAC in relation to a Facebook post on April 19th last year.

She appeared before Magistrate Sufia Hamza this afternoon.

The charge is brought under Section 14(7) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

Waqanika is charged by FICAC for allegedly breaching Section 14 of the Political Parties Act.

It is alleged that on or about 19 April 2024, while serving as a public officer, namely a Board Member of Investment Fiji and Telecom Fiji Limited, Waqanika publicly indicated opposition to the political party SODELPA. 

FICAC Counsel Joseph Work informed the court that first phase disclosures have been served and sought 7 days to prepare and file the second phase disclosures.

Waqanika's lawyer, Barbara Malimali acknowledged receipt of the first phase disclosures and informed the court that they will be filing an application for stay proceedings in the High Court.

Resident Magistrate Hamza granted Waqanika a non-cash bail bond of $2,500 for each of her two sureties.

She has been ordered to report to the FICAC Office in Suva at the end of each month, not to reoffend, not to change her residential address and not to interfere with prosecution witnesses.

Waqanika is a former SODELPA MP and is also the lawyer for former FICAC Commissioner, Barbara Malimali in the case challenging the Commission of Inquiry report into the appointment of Malimali as FICAC Commissioner.

The matter has been adjourned to the 26th of January next year.

From Fijileaks Achive, 19 April 2024

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I was quite amused when I read the Sodelpa’s media release (issued early this week) issued by the General Secretary, Viliame Takayawa, that the Management Board had unanimously endorsed the Party Leasership of Radrodro.

The definition of unanimous means “everyone in agreement”. It is a fact that the endorsement of Radrodro as PL by the MB was not unanimous - the Sodelpa Youths and the Western Sodelpa MB did not endorse Radrodros appointment. There were 2 or 3 other MB reps representing their respective constituents who also did not agree.
It’s important that the party members on the MB or any board for that matter, must voice their opinions. With the new appointments of some Sodelpa MB members, I wonder whether they realize that the fate of the nation is in their hands as their continued “silence on the board is acquiescine”.

I am grateful that my tau, Seremaia Tuiteci, is the vocal voice that’s leading the charge (on behalf of the Western Sodelpa MBs) against the decision to remove Hon Gavoka. I would like to see the Sodelpa Western party members to turn up in numbers at tomorrow’s AGM and vote against the unconstitutional removal of Hon Gavoka- come and support your Deputy Prime Minister and put an end to this madness and mayhem. Your vote and support for Hon Gavoka is a support for the Coalition Government.

Tomorrow’s outcome can create instability to the Coalition & this is what concerns me.

For Radrodro to say that he respects that MB’s decision and that he is a party man and is happy/content being a back bencher is just utter BS!!!. It is common knowledge that the couple now control the MB- after all, the President and the 3 VPs are their appointments . Whoever controls the Management Board, controls the Party and what I am witnessing is a total disregard for “what is for the greater good for that nation”.

Something tells me that the Radrodros are not looking at 2026, they are looking at destabilizing the Coalition asap. His only chance to get back into Cabinet (despite the Hon PM confirming that he will not reinstate) is not with this Coalition Govt but with the Opposition. You do not need a snap election to change the Govt - all it needs is the Sodelpa MB issuing a party directive to their sitting MPs to vote for FFP & the Opposition walks casually across the floor & becomes the Govt ( of course you will need a Vote of No Confidence for this to succeed). That’s how easy it is to destabilize the Coalition.

The Coalition should be alert. The mere fact that the MB has given a directive to Hon Gavoka to relinquish the Ministry of Education portfolio shows the recklessness, stupidity & lack of understanding of the 2013 Fiji Constitution where it clearly states that only the PM appoints and removes Ministers.

As long as the Radrodros have control of the party, they will keep pushing to have Aseri back in Cabinet. Quite frankly, I do not know the facts behind the FNU saga and had the matter been handled properly & confidentiality, there would have been some hope of him being reinstated back as the Minister. Too late now, the horse has bolted.

The only one that benefits from the unconstitutional removal of Hon Gavoka are the Radrodro couple. The party does not benefit now and ever as his party leadership means the demise of Sodelpa. The couple are seen as FFP supporters & they will always be labeled by me as the Judases of Sodelpa.

I respect everyone’s decision to support a party, I have friends/ family members who are FFP party members and there is absolutely nothing wrong in their democratic decision to support their party. What I detest are the Judases- they sit with you, dine with you, wink at you and all along, they do not support what is the greater good for the nation but what is beneficial to themselves only.
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Like many who have left the party, we can only pray that common sense prevails tomorrow.
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From Fijileaks, 3 January 2023

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