Speaker awaits legal advice

Are the three parliamentarians of the suspended National Federation Party eligible to attend next week’s parliament session? 

That’s the question that many are asking as we get ready for next week’s parliament sitting.

When questioned by Fijivillage, Speaker of Parliament, Doctor Jiko Luveni said she is now awaiting legal advice from the Solicitor General’s Office to confirm whether the three MPs can attend parliament while the party is suspended.

The party was suspended for 30 days on Monday for contravening the Political Parties Registration, Conduct, Funding and Disclosures Decree.

The Registrar of Political Parties, Mohammed Saneem says the suspended NFP’s accounts were not audited by an accountant certified by the Fiji Institute of Accountants.

The decree requires the accounts to be audited by an accountant certified by the FIA.

Section 19 of the Political Parties Decree states that the Registrar of Political Parties shall, before deregistering a political party, inform the political party, in writing, of the particulars of the breach or contravention, inform the political party, in writing, of the intention to deregister the political party; and direct the political party to remedy the breach or contravention within 60 days or otherwise show cause why the party should not be deregistered.

Section 19 (4) states that a political party that has been suspended shall not be entitled to any of the rights and privileges specified under the Decree.

Saneem says the NFP has 60 days to remedy the breach or face deregistration as a political party.

During this period of suspension, the NFP cannot operate, function, represent or hold itself out to be a political party.

The legal question that arises here is whether the parliamentarians can then go in as the party MPs, knowing that the party itself cannot function, represent or hold itself out to be a party.

Some have highlighted the offence section of the decree. Section 27 (6) says 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. 

This is referring to offences and applies to members of parties.

In the current situation, the party itself is suspended.

The constitution clearly sets out how the seats in parliament are allocated.

It is based on the percentage of votes of a political party or independent candidates.

The three MPs are in parliament based on this.

This issue needs to be addressed to determine whether the three MPs can attend parliament.

A constitutional law expert, Auckland University law professor Bill Hodge has told Pacific Beat that the suspension of the party does not mean that its three elected MPs cease to be members of parliament.

He says the MPs are elected by the people.

Hodge says political parties do not make laws and do not serve themselves in parliament.

Speaker of Parliament, Doctor Jiko Luveni says she will make the decision after receiving the legal advice.