SODELPA will appeal the High Court’s judgement

The Opposition and SODELPA Leader, Sitiveni Rabuka has confirmed that the party will appeal against the High Court’s judgement delivered last week, and his priority as Party Leader is to ensure that the AGM is to be held in June, once COVID-19 restrictions are lifted.

Following the High Court’s decision and the announcement by the Registrar of Political Parties, the SODELPA Leader says the party will continue to operate normally and prepare for the AGM as required by SODELPA’s Constitution to be held by the end of June.

Rabuka says the High Court has stated that it is a matter for the financial members of the party to elect or remove office holders, and further it is not a matter for the court to do so.

He also confirms that he had the opportunity to meet with the Registrar of Political Parties, Mohammed Saneem yesterday to discuss the judgement of the High Court.

Rabuka also says he has called on members of the SODELPA family, voters and supporters, to remain calm and steadfast despite the noise and sensationalism in some quarters, of the judgement pronounced by the High Court on 23rd April 2020, and the directives issued on Monday 27th April 2020, by the Supervisor of Elections.

Rabuka says court’s declarations that all resolutions and decisions of the June 2019 Annual General Assembly and August 2019 Management Board are unlawful, is respected, but unfortunate and has set a precedent that may affect other political parties, and community non-government associations alike. He says the judgement also has implications on the law regarding meetings of associations.

The SODELPA Leader says it is a most trying time for the party as they and the nation mourn the passing of a SODELPA founder, the great and humble leader, former Prime Minister Laisenia Qarase.

Mohammed Saneem has already announced that Ro Filipe Tuisawau has been removed as SODELPA President and they will now wait for the party to appoint another person based on SODELPA’s rules.

Saneem has also stated that Adi Litia Qionibaravi is re-instated as General Secretary of the party while Usaia Waqatairewa is removed as a Registered Officer as the Fijian Elections Office will await the appointment of a Registered Officer pursuant to Section 11 of the Political Parties Act.

He says the changes have been made with immediate effect to ensure last week’s court orders are complied with.

High Court Judge Justice Vishwa Datt Sharma had declared that the AGM of SODELPA in June last year in Savusavu breached the party’s constitution and the 2013 constitution and the election of Ro Filipe Tuisawau as SODELPA President and Adi Litia Qionibaravi as the Vice President at the AGM were invalid.

The High Court Judge has also declared that all subsequent actions, meetings, resolutions, decisions, outcomes and directives of the management board following the AGM of SODELPA including the acceptance of Adi Litia Qionibaravi’s retrospective resignation and the appointment of Usaia Waqatairewa as the General Secretary of SODELPA are unlawful, invalid and ineffective.

The court has also declared that Adi Litia has ceased to be a member of the management board by virtue of certain sections of the party’s constitution.

Justice Sharma has also said that the mere fact that the defendants have acted in breach as referred to in his judgement does not mean that Ro Filipe and Waqatairewa are not entitled to hold office in their respective capacity as party President, Vice President and General Secretary.

He also says it is a matter for the financial members of SODELPA to elect or remove office bearers of SODELPA and further it is not a matter for the court to do so.

SODELPA’s Suva Constituency President Watisoni Nata, SODELPA’s Youth Wing President, Jope Koroisavou, the party’s Vice President of the Women’s Forum, Doctor Mere Samisoni, the party’s Secretary of the Women’s Forum, Emele Duituturaga, SODELPA Women’s Wing Lami President, Kesaia Makita and the party’s Lami Youth executive, Asenaca Ravulo had taken legal action against the party executives.

The legal action was filed against SODELPA President, Ro Filipe Tuisawau, Anare Jale, Adi Litia Qionibaravi and Usaia Waqatairewa.