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FEO: Inaccuracies In Lynda Tabuya’s Statement

FEO: Inaccuracies In Lynda Tabuya’s Statement
Lynda Tabuya. Photo: Ronald Kumar.
December 29
17:44 2017

Inaccuracies in Lynda Tabuya’s statement The FEO witnessed a press conference by Lynda Tabuya this afternoon and noted that she has made various inaccurate statements that require a response to ensure that accurate information is released to the Public.

1. The procedure as per the Political Parties (Registration, Conduct, Funding and Disclosures) Act under section 11, to substitute a ‘Registered Officer’ is to make an application under section 11 to the Registrar and this application must be signed by the new Registered Officer and a majority of the Office Holders of the Party. Therefore, alluding to an email as sufficient for this purpose is inaccurate are the were no signatures as per the requirements of the Act from the new Registered Officer and a majority of the Office Holders of the Party. Below is section 11 of the Act Changes to the Register 11.—(1) Where a political party is registered under this Act, an application may be made to the Registrar to change the Register by— (a) changing the name of the political party to a name specified in the application; (b) changing the symbol of the political party to a symbol specified in the application; (c) if an abbreviation of the name of the political party is entered in the Register, changing that abbreviation to an abbreviation specified in the application; (d) if an abbreviation of the name of the political party is not entered in the Register, entering in the Register an abbreviation of the name of the political party, being an abbreviation specified in the application; or (e) substituting for the name of the registered officer entered in the Register the name of a person specified in the application.

(2) An application under subsection (1)— (a) shall be in writing and signed by a majority of the office holders of the political party; and (b)in the case of an application to substitute the name of a person as the name of the registered officer of a political party, shall be signed by that person and a majority of the office holders of the political party.

(3) Upon receipt of an application under subsection (1), the Registrar shall deal with the application in accordance with this Act and determine whether the change requested in the application should be made.

(4) Where the Registrar determines that an application under subsection (1) should be granted, he or she shall— (a) change the Register accordingly; (b) give the applicant or applicants written notice that he or she has made the change; (c) publish in the Gazette and in the media, a notice of the change.

(5) Where the Registrar determines that an application under subsection (1) should be refused he or she shall give the applicant or applicants written notice that he or she has so determined, and shall set out the reasons for that determination. The FEO has, following the suspension of PDP yesterday, received an application this afternoon which will be considered by the Registrar in due cause.

It will be noted that PDP has subsequently realized the breach by not submitting an application under section 11 and has therefore today made the necessary application.

2. Lynda Tabuya, like all other members of Political Parties that wish to resign are required to submit a letter indicating their intention to resign and she was specifically advised to do so.

The email sent by Lynda Tabuya was not accepted and hence she was advised to submit a letter with her signature to allow it to be recorded as official. It is misleading to allude that reply to the email which indicated that the email was not sufficient is an acknowledgement under the Act.

The screenshot of the email below is self-explanatory. In any event, email notification is insufficient in terms of the requirements under section 11 of the Act. 3. The resignation letter of Lynda Tabuya did not provide any information on the substitution of the Registered Officer.

3. The laws are very explicit in terms of these procedures and at the time the suspension was considered, it was clear that Lynda Tabuya, nor PDP had properly complied with the law and thereby had breached it.

 

 

 

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