Bainimarama awaits President’s response to letter

Leader of Opposition Voreqe Bainimarama is calling on President Ratu Wiliame Katonivere to look into the issue of non-recusal of some members of the Constitutional Offices Commission (COC) when dealing with the complaint against suspended Supervisor of Elections Mohammed Saneem.

Referring to a letter of complaint dated January 19 from Mr Bainimarama to Ratu Wiliame, the Leader of the Opposition brought to his attention the conduct of certain members of the commission at a COC meeting held on January 18.

The complaint against Mr Saneem was lodged by some political parties on August 20, 2021. In Mr Saneem’s response to the commission he denied the allegations of misbehaviour and claimed that chairman Sitiveni Rabuka and Government nominees Jon Apted and Cema Bolabola were conflicted in dealing with the complaint against him. He noted that Mr Apted, who was Niko Nawaikula’s lawyer, is a partner at Munro Leys which is the counsel on record in the case against former SolicitorGeneral Sharvada Sharma. Mr Saneem is the complainant in the case against Mr Sharma. For Ms Bolabola, who is the SODELPA nominee, the party was initially one of the complainants and signatory to the complaint against Mr Saneem. Furthermore, Mr Rabuka was seen to have had ill feelings against Mr Saneem when he issued a media statement on February 12, 2020 titled “Leader of OPPOSITION SAYS ELECTIONS OFfiCE out of touch in demanding birth

CERTIfiCATES FOR CARD RENEWAL”.

Mr Saneem said Mr Rabuka’s statement contained derogatory remarks which personally attacked him, his employment and lifestyle.

Despite objections by Mr Bainimarama and Opposition nominee Tupou Draunidalo at the meeting, the government members refused to leave the meeting and continued to participate in discussions relating to the complaint and subsequently voted. Mr Bainimarama said any decision made by the commission and advice provided to the President was invalid.

“This indeed goes against the grain of constitutionalism and values and principles of the Fijian Constitution, including accepted standards of ethical and moral standards, natural justice and fairness,” he said.

“I urge Your Excellency to look into this matter, as you will be receiving advice from COC based on a decision that was arrived at in a blatant disregard for natural justice, procedural fairness, and which has undermined COC as a constitutional institution. Any advice to Your Excellency that flows from such decision making will compromise your office and Your Excellency.”

He added that if the matter is not expeditiously addressed and dealt with decisively, it would undermine the Constitution and the principles of constitutionalism.

“If left unaddressed, it will set a dangerous precedent for future matters concerning other constitutional officeholders.”

Mr Bainimarama is still awaiting a response from the President.