SODELPA faction files a stay order

Astay application has been filed by the SODELPA members who are appealing the High Court decision that the 2019 AGM in Savusavu was invalid. A stay application is a mandatory court process to halt further legal process in legal proceeding.

This is after the High Court ruled that party’s 2019 annual general meeting and elections made during the meeting were unlawful, invalid and ineffective.

The plaintiffs, who were the executive party members, had taken SODELPA to court, claiming that it breached the party’s constitution, the Act and the 2013 Constitution when it held its AGM in Savusavu last year.

Members Ro Filipe Tuisawau, Adi Litia Qionibaravi and Usaia Peter Waqatairewa had filed an appeal of the judgment against Watisoni Nata, Kesaia Makita, Asenaca Soro Ravulo, Rogowale Seniviavia, Mere Samisoni, Emele Duituturaga, Jope Koroisavou, Silivenusi Waqausa and Malakai Vuetibau.

SODELPA lawyer Simione Valenitabua submitted a stay on the judgment application as the members affected by the judgment had filed an appeal against it at the Court of Appeal.

Mr Valenitabua told the court that certain officeholders had to vacate their seats and they did not hold the office anymore, which was not a judgment in the court orders. He said there was an appeal before the Court of Appeal and the security for costs of $5000 was pending and once paid, the stay order application was to be urgently dealt with.

Victor Sharma, who is representing Nata and others, told the court that his clients opposed the application and sought time to file a response to the affidavit.

Justice Sharma said the matter was of public and member interest and expedited in the interest of all. He gave seven days to Mr Sharma to file his response and seven days thereafter to Mr Valenitabua to file his reply.

The matter will be called for mention on June 16 and a tentative hearing date for June 29 has been set.