Why Saneem rejected submission
Application under Section 11 for Registered Officer by Social Democratic Liberal Party (in Suspension).
The above application was received by the Registrar this afternoon. Below is the Registrar’s decision on the said application:
I note that Ms Emele
Sima Duituturaga was appointed Acting General Secretary at the Special Management Board meeting of the (Suspended) Party held at the Holiday Inn today (18 June 2020). The application is duly supported by the Office Holders of the Party.
The process for appointment of General Secretary is governed by section 18.3.1 of the SODELPA (In Suspension) Constitution. Section 18.3.1 states:
“The General Secretary shall be recruited under nationally recognized best practices on terms decided by the Management Board. He/She shall sign a Work Contract with the Management Board and shall deliver under a Performance Agreement to be signed with the Management Board.” [Emphasis added]
It must be noted from the Constitution of SODELPA (In Suspension) that the Management Board does not have the powers to carry out direct appointment of the General Secretary nor does the Constitution provide for Acting appointments for General Secretary. The Constitution is clear on the process and the requirements that need to be met to appoint the General Secretary. From the application received this afternoon, it is evident that the Party Management Board neglected and/or failed to ensure that it complies with section 18.3.1 of the SODELPA (In Suspension) Constitution.
In light of the above, I do not find that the appointment made at the Special Management Board meeting complied with section 18.3.1 of the Constitution of the Party.
Section 18.3.1(a) states that “the General Secretary of the Party is also the Authorised and Registered Officer of the Party. “Having found that the appointment process of Ms Duituturaga failed to comply with the Party Constitution, I am unable to endorse the application by the Party to substitute the name of Ms Duituturaga as the Party Registered Officer under section 11 of the Political Parties (Registration, Conduct, Funding & Disclosures) Act, 2013.
The Application is therefore not approved and the Party is directed to comply with its Constitution in making the appointment. The Party remains suspended as per earlier decision.