FIJIFIRST RIFT DEEPENS

Mr Koya said that section 63 (3) of the constitution states that seats of MPs become vacant after the Speaker receives a written notification from the political party of the matter at hand.

Friday 07 June 2024 | 13:10

MP and FijiFirst Acting general secretary Faiyaz Koya and Speaker of Parliament Ratu Naiqama Lalabalav

MP and FijiFirst Acting general secretary Faiyaz Koya and Speaker of Parliament Ratu Naiqama Lalabalavu on May 23, 2024

Parliament of the Republic of Fiji

Acting General Secretary for FijiFirst Party Faiyaz Koya has implored the Speaker of Parliament Ratu Naiqama Lalabalavu to make the right decision and to inform the 17 terminated FijiFirst MPs that he has no jurisdiction over their grievances, as per the constitution.

In a letter addressed to Ratu Naiqama on Tuesday, Mr Koya urged him to follow the constitution and to inform the 17 MPs that he has no jurisdiction or authority to decide on the grievances that MPs have regarding their termination from the party.

Mr Koya said that section 63 (3) of the constitution states that seats of MPs become vacant after the Speaker receives a written notification from the political party of the matter at hand.

He said this has to be signed by the leader of the party and a general secretary.

While that lies at stake, Ratu Naiqama in a correspondence letter to the Party on Tuesday revealed that the 17 axed MPs will remain as MPs and will continue to carry out their parliamentary duties as he further seeks legal advice regarding their termination.

“Please be advised that I have also received a letter from the aggrieved 17 honourable members of parliament and in that respect, I have decided to seek a legal advice on the matter,” Ratu Naiqama wrote to the Party.

“Whilst my office is awaiting that legal advice, the 17 honourable members will continue with their parliamentary duties accordingly.”

 

No Dispute

Mr Koya argues that there is no dispute regarding the directive by the party issued to MPs.

He said the MPs were given directives both verbally and in writing in voting against the Emolument Committee Report.

“Given the above and the fact that section 63 (3) of the Fijian constitution is a deeming provision, upon receipt of the notification by the honourable Speaker, the seats occupied by the 17 members, listed in the May 30 notification became vacant immediately,” Mr Koya claimed.

“A letter from the honourable Speaker’s office should have been immediately dispatched to the members in question and informing them that they are no longer members of Parliament.”

Mr Koya said the axed MPs have been participating in Committee meetings and continue to hold themselves out as members of Parliament.

He said this was in defiance of the supreme law of the land, the constitution which all the MPs including Ratu Naiqama had sworn to uphold.

“We therefore implore your good self to follow the constitution, inform the 17 individual that you have no authority or jurisdiction to decide on any grievance that they may have,” Mr Koya said.

“Inform them that should they wish to challenge the validity of their seats becoming vacant then they need to file an application in the court of disputed returns.”

 

Background

At the heart of this political scandal is the Emolument Committee Report tabled in Parliament on May 24.

MPs’ were directed by the party to vote against raising the pay and benefits of the President, Speaker, Prime Minister, Leader of the Opposition, ministers, assistants MPs.

 

Who Voted What?

Abstaining from voting on the report was Rinesh Sharma, Joseph Nand, Viam Pillay and Ketan Lal.

16 MPs voted in favour: Mosese Bulitavu, Sanjay Kirpal, Semi Koroilavesau, Shalen Kumar, Virendra Lal, IoaneNaivalurua, Sachida Nand, Vijay Nath, Viliame Naupoto, Ratu Josaia Niudamu, Penioni Ravunawa, Taito Rokomatu, Inia Seruiratu, Alipate Tuicolo, Naisa Tuinaceva and Jone Usamate.

Alvick Maharaj who was the 17th, a member of the Emolument Committee and did not vote, was also axed.

 

Feedback: jone.salusalu@fijisun.com.fj




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