Hearing Date Set For Civil Case Filed By FLP, Unity Against Commission

The Civil High Court of Suva has fixed July 6 as the hearing date for a civil action filed by the Fiji Labour Party and Unity Party. Their civil action is against the Constitutional Offices Commission (COC) and the Attorney-General.

Fiji Labour Party and Unity Party have filed a civil court action seeking the Court to issue an order to the Constitutional Offices Commission to appoint a tribunal investigating the Supervisor of Elections.

The Parties lawyer Sevuloni Valenitabua filed the originating summons with supporting affidavit seeking eight declarations from the court.

The declarations being sought are:

• A declaration that the Courts of Law in Fiji have the jurisdiction, pursuant to Section 132 (5) of the 2013 Constitution of Fiji, to direct the Commission to exercise its powers and functions as conferred on the Commission by the provisions of Section 137 (1)(2) and (3) of the Constitution;
• A declaration that the Commission has the function, as provided in Section 137 of the Constitution, and is obliged by law pursuant to Section 137 (3)(a)(i) of the Constitution to appoint a Tribunal to investigate complaints of misbehaviour against the Supervisor of Elections on allegations which would warrant the Supervisor of Elections’ removal from office;
• A declaration that the Commission and second defendant Attorney-General have, through communication to the chairman of the Commission, and copied to the Fiji’s President, raised serious allegations of misbehaviour against the Supervisor of Elections warranting the appointment of a Tribunal by the Commission to investigate the allegations;
• A declaration that the failure of the Commission to appoint a Tribunal to investigate the allegations against the Supervisor of Elections amounts to a non-performance of the Commission’s public duty and constitutes a serious breach of the Commission function under the Constitution;
• An order of the court directing the Commission to appoint a Tribunal to investigate the allegations of misbehaviour against the Supervisor of Elections, furnish a written report on the allegations of misbehaviour and the investigation thereof, and advise the President of Fiji whether or not to remove the Supervisor of Elections from the Office on the ground of misbehaviour;
• An order directing the Commission to advise the President that the Supervisor of Elections be suspended from office pending investigation and referral to and appointment of a Tribunal;
• An order as to costs;
• And any other order the court may deem just.

The matter was called before Chief Justice Kamal Kumar on Tuesday for directions on submissions.

Mr Valenitabua was ordered to file and serve his submissions by May 17.

Counsel for the COC and the A-G, Gul Fatima from R Patel Lawyers were ordered to file and serve response by June 14.

Mr Valenitabua was ordered to file his reply if necessary by June 28.

Feedback:  ashna.kumar@fijisun.com.fj