High Court Judge Justice David Alfred has ruled that SODELPA MP Mikaele Leawere will remain as a member of parliament.
The High Court has ruled against the Attorney General’s petition which had argued that any candidate who, after the elections, holds a public office is no longer eligible as a candidate for him or her to be considered as a Member of Parliament.
Justice Alfred says in his findings the Electoral Commission had not erred in law by awarding Leawere the parliamentary seat.
He also ruled that the Attorney General Aiyaz Sayed-Khaiyum’s petition has been dismissed by the high court.
In his findings Justice Alfred said that the electoral commission had not erred in law in awarding the vacant parliamentary seat to Leawere who was SODELPA’s candidate with the highest number of votes in the September 2014 general election after SODELPA MP Ratu Viliame Tagivetaua’s death on March 5th this year.
Leawere says he is happy to remain a member of parliament for SODELPA.
The Attorney General says while they are yet to receive a copy of the written ruling however from the brief provided by counsel, it appears that the court ruling allows losing candidates to return to or be appointed to positions of public office even though they might be called upon later to join Parliament if a seat becomes vacant.
He adds this case sets an unfortunate precedent.
The Attorney General also says that the ruling does indeed have the potential of compromising the political neutrality of public offices, and given that the ruling of the High Court is final, it may be appropriate for the relevant laws to be clarified through appropriate legislative amendment.
Defence Counsel and chairman of Electoral Commission, Chen Bunn Young says this case is not about who is going to win, as the judge spent a lot of time thinking it through.
Young says this gives constitutional lawyers substance and some reference point.
Justice Alfred also said that all parties share the court cost.
