A ruling that overturns a decision to strip a Fiji opposition MP of his seat is a win for democracy, his party says.
Fiji Supervisor of Elections Mohammed Saneem was found to have acted unlawfully in removing an opposition MP from the voter register. Photo: VNP / Daniela Maoate-Cox
Sodelpa party MP Niko Nawaikula was removed from the Register of Voters last month by the Supervisor of Elections, Mohammed Saneem, who is also the Registrar of Political Parties.
The move caused the Speaker, Ratu Epeli Nailatikau, to declare Nawaikula's seat in parliament vacant.
Saneem had done so after finding the MP's name on his birth certificate was different to how it appeared on the national voter register.
But in a subsequent ruling at the Court of Disputed Returns, the Chief Justice Kamal Kumar ruled the birth certificate matter was irrelevant, and found the Supervisor had acted unlawfully.
The judgement was announced by the Speaker, and said the court had determined "that in removing Nawaikula's name from the Register of Voters, the actions of the Supervisor of Elections were unlawful, disproportionate and wrongful".
Sodelpa leader Bill Gavoka welcomed the ruling as being good for democracy.
He warned that having one person filling two major roles, as Saneem is, could lead to abuse and impede the rights of voters and elected representatives.
"He has become much too powerful, creating the kind of environment that is not conducive for the political process to flourish," Gavoka said.
"The [events] with honourable Nawaikula is very clearly an indication of [Saneem's] sense of righteousness that sometimes cannot be challenged."
Viliame Gavoka. Photo: Supplied
Gavoka said he hoped Saneem could learn to tread more cautiously in exercising his authority
Saneem denied he has too much power, and told RNZ Pacific it was becoming the norm in the region for one person to serve both roles.
"This is something that has been - in fact it is even in Australia and New Zealand, where the parties are registered by the electoral commissioner.
"So it doesn't mean a person has too much power. It's just that different authorities lie within the different provisions, and a person exercising those authorities under those provisions will have the right to do so," Saneem explained.
"If you have two different people handling that responsibility, that is the choice of the parliament. But right now it's one position that is dealing with it."
Saneem wouldn't be drawn for comment on the Chief Justice's ruling, other than to say he respected the decision of the court.
Fiji's parliament. Photo: Fiji govt
Rule of law in a democracy
Nawaikula has recently been vocal in his criticism of the Fiji First government's moves to amend land legislation. Back in parliament, he said the ruling was testament to the independence of the courts.
The outcome also bolstered faith in the rule of law among opposition political figures, including Gavoka. It comes on the heel of repeated incidents where opposition figures were detained by police in relation to their criticism of iTaukei Land Trust Bill No. 17.
Police said Gavoka and others, including two former prime ministers, were questioned under the Public Order Act, and warned the public against inciting instability.
Gavoka said he believed his files had been given to the director of public prosecution by police, and was waiting to see if charges are laid against him.
"If they press charges, that will virtually gag me from saying anything.
"I'd have to scale down most of my political activities - I'm the leader of the main opposition political party in Fiji, we're heading towards elections by around this time next year."
But the latest ruling that led to Nawaikula's seat being reinstated was good news, he said.
"So really, in many ways we're celebrating [this] ruling. It's a victory for democracy, and we hope that government can take a step back and say: Let the process take its course.
"Let's celebrate our democracy in Fiji, instead of being fearful about it," he said.
