Fiji Labour Party and Unity Fiji have filed an inter parte notice of motion for interim and substantive stay of execution pending appeal to the Fiji Court of Appeal.

This is in respect of the three civil cases filed by the two political parties against the Speaker of Parliament, the Constitutional Officers Commission, the Government of Fiji, and the Attorney-General were dismissed and struck out by the Chief Justice Kamal Kumar last month.

In the first matter, the two parties were ordered to jointly and severely do pay $2000 each to the Speaker of Parliament, the Government of Fiji, and the A-G as cost within seven days from the date of the judgment (October 18).

In the second matter, the two parties were ordered to jointly and severally pay the commission costs assessed in the sum of $5000 and jointly and severally pay the A-G cost assessed in the sum of $1000 within seven days from the date of this judgment (October 18).

In the third matter, the two parties were ordered to jointly and severely do pay $3000 each to the Speaker of Parliament, the Government of Fiji, and the A-G as costs within seven days from date of the judgment (October 18).

The matter was called before the Chief Justice yesterday at the Civil High Court in Suva.

The two political parties’ counsel Sevuloni Valenitabua appeared while Gul Fatima appeared for the respondents. She argued that the cases dealt with questions on constitutionality of laws.

She said all three applications were dismissed owing to the Unity Fiji and FLP joining the wrong parties to the proceedings and orders were made for costs.

Ms Fatima said the decisions were delivered on October 18 and costs were to be paid within seven days which the parties had failed to do so and were now seeking a stay.

She said in the event the stay was not granted, the two parties would be disobeying orders of the court by not adhering to payment of costs as directed by the Court.

Mr Valenitabua then said that he was essentially seeking to stay the orders for costs, or for his clients to pay costs into court while the appeal took its course.

Chief Justice Kumar reminded Mr Valenitabua that these were not private party proceedings where costs had been ordered to be paid to individuals.

He said Unity Fiji and FLP had been directed to pay costs were statutory offices and bodies and in the event Mr Valenitabua’s clients were successful in their appeals, orders could be made for costs to be reimbursed to them.

Mr Valenitabua said he would need to seek instructions on whether his clients would agree to this.

The hearing will be done today (Wednesday).

Story by: ashna.kumar@fijisun.com.fj