A proposed candidate for the National Federation party, Makereta Waqavonovono has made an application in the Suva High Court to determine her eligibility to be nominated as a candidate for the September 17th General Elections.
According to the Electoral Decree, a person is eligible to be nominated as a candidate for election to Parliament only if the person is ordinarily resident in Fiji for at least 2 years immediately before being nominated.
The decree further states that a person is deemed to be ordinarily resident in Fiji if that person has been out of Fiji for official Government business or duties or has been holding an official Government position.
Waqavonovono who is being represented by Tupou Draunidalo and Faizal Koya made an application based on the grounds that this is invalid because it unlawfully discriminates against the political rights of citizens and infringes on their rights to a fair and free election because it restricts their options and they will not be able to vote for the candidates of their choice.
It is understood that Waqavonovono was out of the country for studies for one year.
The matter was called before High Court Judge Justice Kamal Kumar yesterday.
The Chairperson of Fijian Electoral Commission, Supervisor of Elections and Attorney General and Minister for Elections who are defendants in this matter are being represented by the AG’s office.
They indicated to the court that they will make an application to strike out the matter.
The court will hear both parties on Monday.
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