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SACK HIM FOR INSUBORDINATION AND FLAWED LEGAL ADVICE TO SPEAKER: As Chief Justice Kumar and Justice Wati rule that Nawaikula must be reinstated as MP, we say it is time to sack Saneem as the SOE

17/8/2021

 

As Attorney-General and Minister for Elections, Aiyaz Khaiyum had recently approved the renewal of Mohammed Saneem's contract subject to an appeal by the Solicitor-General against a High Court decision that convicted Saneem of gross insubordination in the performance of his duties as SOE under the former Fiji Electoral Commission

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Chief Justice Kamal Kumar
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Solicitor General, Sharvada Sharma had said in his submission that the Supervisor of Elections was justified in his action to strike Nawaikula’s name from the National Register of Voters because he provided incorrect information to the Fijian Elections Office

Fijileaks:
*The Opposition should demand review of the legality of the renewal of Mohammed Saneem's current contract as Supervisor of Elections, especially since it is the Constitutional Services Commission whose Chair and Deputy Chair are Frank Bainimarama and Aiyaz Khaiyum respectively;
* As Attorney-General and Minister for Elections, Khaiyum had recently approved the renewal of Saneem's contract subject to an appeal by the Solicitor-General against a High Court decision that convicted Saneem of gross insubordination in the performance of his duties as SOE under the former Fiji Electoral Commission;
* The Opposition should request a team of lawyers to investigate why Saneem’s appointment was not immediately terminated upon his conviction by the High Court as is the normal practice in the
Public Service;
*Since Saneem was appointed by Khaiyum, why did the AG’s Office fail to issue his letter of termination following his conviction by High Court ?
*Is this reason why the appointment of chairman and lawyer Young and members of his Electoral Commission was not renewed by Khaiyum?
*Is this also the reason why Khaiyum appointed a completely new Electoral Commission to replace that one headed by Young so that Saneem could continue to serve as SOE? 
*The renewal of Saneem’s appointment by the Constitutional Services Commission is therefore improper and highly irregular because of his High Court conviction for gross insubordination in the  performance of his duties as Supervisor of Elections; plus the fact that the appeal by the AG’s Office is still to be heard by the High Court.?
*This is criminal and a travesty of justice and totally unprecedented in the public service.
* It is like re-employing an Accountant who has already been convicted by the Courts for embezzlement whilst serving as Accountant in the same Department but whose appeal is pending?
This is a terrible joke
*As we are aware, Khaiyum had recently introduced into the House various legislative measures to amend Fiji’s Electoral laws to give more power to the SOE but it was quite obvious that the exercise was aimed at giving more independence to the SOE to ensure that he is not hauled back to the High Court again for gross insubordination by any future Electoral Commission
*So does not that prove that the incumbent Electoral Commission is just a puppet of the SOE who will ensure that he and the Commission are totally compliant with Khaiyum's demands ?
READ FULL JUDGMENT BELOW:

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