Why Saneem re­jected sub­mis­sion

Ap­pli­ca­tion un­der Sec­tion 11 for Reg­is­tered Of­fi­cer by So­cial Demo­cratic Lib­eral Party (in Sus­pen­sion).

Fiji Sun - - NATION -

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.

Mo­hammed Saneem.

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