The judgement on whether parliamentarian Mosese Bulitavu keeps or vacates his seat in the Fijian Parliament will be delivered on notice by this Friday, and that will be the only matter that will be decided on after actions filed against the Speaker of Parliament, Ratu Epeli Nailatikau and Attorney-General Aiyaz Sayed-Khaiyum were discontinued.
Romanu Vananalagi appeared for SODELPA leader Viliame Gavoka and Sushil Sharma for Mosese Bulitavu, both of whom, joined virtually from Labasa.
Addressing counsellors in court, Chief Justice Kamal Kumar said the gist of the case lies in ascertaining whether there was a party directive as to how members should vote regarding the 2021/2022 Budget and Bill 17 of 2021, and whether the defendant/Bulitavu did not comply with that directive.
Sharma submitted that the matter against his client should be struck out as well.
He argued that there was no directive given to his client, in writing as per SODELPA’s constitution, as to how he should vote. He also made the submission on the basis of his client’s affidavit and admission that he did not cast a vote for either. Sharma also argued that because voting was made by acclamation it meant that the plaintiff/Gavoka cannot ascertain how Buitavu voted for, therefore cannot make the claim that Bulitavu went against party directives.
Vananalagi neither made any new submission nor responded to Sharma’s submission.
