Three Senior SODELPA Members To Pay Own Legal Costs

Three senior SODELPA members will pay their own legal costs after they filed an appeal in the Court of Appeal against the orders delivered by the High Court on April 23, 2020.

They are ousted SODELPA president Ro Filipe Tuisawau, general secretary Adi Litia Qionibaravi and Usaia Waqatairewa.

Party leader Sitiveni Rabuka confirmed the members were not appealing on behalf of the party but as individuals.

Ro Filipe said they were paying for the appeal from their own pockets and not paid for by the party.

Questions emailed to Adi Litia remained unanswered when this story was published. Ashnil Narayan of AK Lawyers said their firm was notified about the appeal yesterday morning and would review the documents in the days to come and get instructions from their clients.

The respondents are Watisoni Nata, Kesaia Makita, Asenaca Ravulo, Rogowale Seniviavia, Mere Samisoni, Emele Duituturaga, Jope Koroisavou, Silivenusi Waqausa and Malakai Vuetibau.

Lawyer for the appellants Simione Valenitabua said the appeal was filed at 4pm on Wednesday and all respondents have been served except for Community Leader Silivenusi Waqausa who was in Savusavu.

He said SODELPA as the party is not part of proceedings yet.

“We are applying for ‘stay’, which should be filed early next week.

The appellants sought our legal advice on settlement as encouraged by the Leader of Opposition and Party Leader and we support such reconciliation exercise within the appellate proceedings,” Mr Valenitabua said.

“The removal of the party SODELPA as a party (to proceedings) is a testament to this intention.”

Notice of Appeal

In the notice of appeal, the appellants are seeking to quash and set aside the judgment delivered by Justice Vishwa Sharma in the High Court.

They’ve asked for an order to stay Justice Sharma’s judgment pending the appeal hearing and determination, and an order that the 2019 SODELPA annual general meeting in Savusavu did not breach the party Constitution and Fiji’s Constitution.

In addition to seeking an order to validate all elections, decisions, resolutions and outcomes of the AGM, the appellants have also asked that the Registrar of Political Parties be notified to make necessary amendments to the Register. Furthermore, they have submitted that the respondents should pay them $6500 in costs within 14 days and appeal costs respectively.

Grounds of Appeal

The appellants have submitted 12 grounds of appeal where they are challenging the High Court decision and that the Learned Justice erred in law and fact.

Both parties will appear before the Chief Registrar for directions once all appeal process has been complied with.

Edited by Caroline Ratucadra

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