High court to rule on strike out application next Tuesday

High Court Judge, Justice David Alfred is expected to rule next Tuesday on the application by SODELPA MP, Mikaele Leawere’s lawyer, Jon Apted for the Attorney General’s petition to be struck out by the court.

Suva lawyer, Devinesh Sharma who is representing the Attorney General’s Office highlighted in court today that the Attorney General, Aiyaz Sayed-Khaiyum followed the correct jurisdiction.

The Attorney General’s petition seeks a determination that the Electoral Commission erred in law in awarding a vacant parliamentary seat to Leawere, who was the SODELPA candidate with the highest number of votes in the September 2014 General Election after SODELPA MP, Ratu Viliame Tagivetaua’s death on March 5th this year.

The commission awarded the seat to Leawere on May 5th.

Under section 64 of the constitution, when a seat of a member from a political party becomes vacant, the Commission must award the seat to the candidate of the same party who in the past general election is the highest ranked of the candidates who did not get elected to Parliament and who is available to serve.

While making the submission in court today, Sharma said section 66 of the constitution does not only highlight the validity of a Member of Parliament but it also questions the validity of an MP.

Sharma says Sayed-Khaiyum has followed proper procedures.

He pointed out that the Electoral Decree says the Attorney General may file a petition.

Devinesh Sharma also says if the petition is brought by the Attorney General, then he can sign it too.

Meanwhile Jon Apted says the Court of Disputed Returns cannot hear the petition filed by the Attorney General objecting to the decision of the Electoral Commission to award Mikaele Leawere the parliamentary seat until everything is in compliance.

Apted says Leawere was the highest ranked SODELPA candidate who was not a member of Parliament.

He says based on this, the Electoral Commission awarded the seat to Leawere.

The Attorney‑General also alleged that the Commission should not have awarded the seat to Leawere because he was a public officer by virtue of being employed by a trade union when the vacancy arose, and when he advised the Electoral Commission that he was available to take the seat.

Apted says Leawere was transparent with his status within the Fijian Teachers Association.

Jon Apted also referred to provisions of the Electoral Decree that required a petition filed by the Attorney General to be signed by the Solicitor General.

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Apted asks High Court to decide on whether it can hear AG’s petition