Fiji Sun

Judge to Rule on SOE Case

- Feedback: com.fj nemani.delaibatik­i@fijisun.

High Court judge Justice Jude Nanayakkar­a is due to rule on a case against the Supervisor of Election Mohammed Saneem on January 27. At around the same time he is scheduled to sentence Suva lawyer Richard Naidu who was convicted in November last year for scandalizi­ng and ridiculing the courts and the judiciary in a Facebook post. Justice Nanayakkar­a flew out to his home country Sri Lanka last month for a holiday. But with the change of Government it is not clear whether he will return.

In the Supervisor of Elections (SOE) case, the Fiji Teachers Union (FTU) had challenged Mr Saneem for charging the Union for conducting its election of office bearers in 2021. The SOE in response filed a strike out applicatio­n.

The FTU sought a declaratio­n to determine whether the electoral Act gave the SOE the powers to levy fees to conduct trade union elections. It received an invoice of $11,770.96.

It wanted the court to rule the “decision of the SOE dated 16th February, 2021 to impose charges/fees to conduct the Trade Union Elections in the absence of any prescribed fees is unilateral, unlawful and unjustifie­d.”

It sought a further declaratio­n that the SOE “had exceeded its powers as provided under section 7 of the Electoral Act 2014 by purporting to regulate the tenure of the Union Office Bearers and impose fees to conduct the Union Annual Elections.”

The SOE said the FTU had:

„ failed to include a statement of questions on which the Plaintiff seeks determinat­ion.

„ failed to provide sufficient particular­s to identify the cause or causes of action in respect of which it claims against the Defendant.

„ disclosed no reasonable cause of action against the Defendant.

„ its action was an abuse of

process.

„ the Declaratio­ns(s) sought is

now moot point at late.

„ the Irregulari­ties in the Originatin­g Summons and Supporting Affidavit are fatal. However, the FTU contends that the irregulari­ties are not fatal and can be cured through an amendment, but the substantiv­e matter is of public interest.

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