March 12, 2013

Proposed FLP injunction ‘illegal’

March 12, 2013 | Filed under: Fiji News | Posted by: newsroom

The acting Solicitor-General, Sharvada Sharma, submitted in the High Court in Suva yesterday that interim injunction summons filed by the proposed Fiji Labour Party is unlawful, illegal and misconceived.

Mr Sharma submitted the summons which seeks an injunction against the State, can only be granted in judicial review proceedings.

He said the court did not have the jurisdiction to hear any challenge to decrees made by the President from April 10, 2009 onwards and to strike down the Political Parties decree.

The court heard the summons, which was filed in the High Court civil registry on February 26, 2013 was served to the respondents on March 7.

Mr Sharma mentioned that there was no evidence shown that the Registrar of Political Parties had taken steps to deregister the proposed Fiji Labour Party.

However, deregistration occurs solely by virtue of the operation of the decree itself.

He said Section 4 of the Political Parties Registration Decree provided for re-registration of existing political parties, however in the event an existing party does not apply, then it shall be deemed to be de-registered.

Citing affidavits of former parliamentarian, Lavinia Padarath, Mr Sharma submitted that provisions of the political parties decree requiring declaration of assets may amount to an infringement of their right to privacy.

Counsel for the plaintiff, Anand Singh, highlighted that certain provisions of the political parties decree were inconsistent and it violated international conventions thus it needed to be struck down.

He said they were not challenging the decree, per se, however they were only challenging certain provisions in the decree.

Justice Anjala Wati will deliver her ruling on Friday afternoon whether the matter can be pursued further or not.

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