Speaker: Court papers cannot be served in Parliament while House sits

Court documents cannot be served on a Minister inside Parliament while the House is sitting, Speaker Filimone Jitoko ruled today.

Mr Jitoko delivered the ruling to clarify a Fiji Sun report on a High Court order allowing court documents to be served on a senior Minister at Parliament.

“Given the public interest generated by that report, it is necessary for the Chair to clarify the law, parliamentary practice, and the privileges of Parliament concerning the service of legal process within the Parliamentary precincts,” Mr Jitoko said.

He cited Section 5 of the Parliamentary Powers and Privileges Act 1965, which provides statutory protection regarding the service of court processes within Parliament.

“The Parliamentary Powers and Privileges Act 1965 provides clear statutory protection regarding the service of court process within Parliament,” he said.

Section 5 of the Act states:

“No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of Parliament while Parliament is sitting or through the Speaker, the President, the Clerk, or any officer of Parliament.”

Mr Jitoko said the provision barred court processes from being served or executed within the parliamentary precinct while Parliament was sitting.

“No Member of Parliament may be served through the Speaker, the Clerk, or any officer of Parliament while Parliament is sitting,” he said.

Mr Jitoko said any attempt to serve court documents in Parliament could be treated as contempt, but stressed that the ruling did not give any Member immunity from the law.

“Members remain subject to the jurisdiction of the courts and may be served outside the presence of Parliament,” Mr Jitoko said.

He directed court officials to serve documents at a Minister’s office or home, or return to Parliament on a non-sitting day.

The High Court last week ordered that the Minister be served at Parliament after a lawyer said repeated attempts to serve the documents had failed.

Today, Minister for Public Enterprises, Multi-Ethnic Affairs, Culture, Heritage and Arts Charan Jeath Singh confirmed that the report referred to him.

Mr Singh said he had earlier indicated that the documents could be served at his office. However, lawyers who visited his Toorak ministerial office today found him not there.

The same day, Mr Singh was issued a yellow card by the Speaker over a heated Committee of Supply exchange.

The matter returns to court on September 3 for mention.