Seremaia Tui Files Judicial Review

Seremaia Tui has filed a judicial review after his candidacy application was rejected by the Supervisor of Elections, Mohammed Saneem. On November 13, Mr Saneem rejected his provisional candidacy on the grounds that he was convicted of absconding bail in 2018 of an earlier substantive charge of which he was fully acquitted of in 2015.

On appeal to the Electoral Commission with regards to earlier rejection of his provisional candidacy nomination, the Electoral Commission rejected his appeal on the grounds that he had changed his name from Seremaia

Tuiteci to Seremaia Tui after his earlier conviction of 2018 had been recorded.

Mr Tui maintained that he never changed his name as per his birth certificate which is Seremaia Tui. He appealed to the Electoral Commissions regarding the rejection made by Mr Saneem but his appeal was denied on the grounds of changing his name.

“I was nominated with 54 others on 11th of November from the party headquarters and on the 13th, all unsuccessful candidates were all informed of our application,” he said.

“We were given until Tuesday on 15th of November to appeal as required under the appropriate Act which was the Electoral Act. “I lodged my appeal on the 15th at 3pm within the specified time and I was acknowledged.

“In the acknowledgement they said they would reply within three days but they replied within three hours.

“At 7pm on the same day, I was told that my appeal was officially rejected, I was informed over the phone.

“Initially the draw of numbers was earmarked for November 18th, they had to bring it back on the 16th which was a Wednesday,” he said.

Mr Tui said according to the advice of his lawyers, he could not seek redress of the decision of the Electoral Commission as according to the Electoral Act candidates could not challenge the Electoral Commission decision. “I was able to file for judicial review through a certain part of the law in the Constitution,” he said. He said he was glad that the party leader, Viliame Gavoka, decided to leave the spot unfilled when he told them that he was going to seek a judicial review.

“In the meantime, SODELPA only has 54 approved candidates,” he said.

SODELPA general secretary Lenaitasi Duru said the party supported Mr Tui and wished him well in his judicial review.