High Court rules invalid Ro Filipe Tuisawau’s election as SODELPA Party president
The Suva High Court has ruled invalid, the decisions, resolutions and outcomes of the SODELPA Annual General Meeting that was held in Savusavu on the 28th of June, 2019.
This means the subsequent election of Rewa Chief Ro Filipe Tuisawau as President and Adi Litia Qionibaravi as Vice President are also invalid.
Suva High Court Judge Vishwa Datt Sharma today ruled that the SODELPA AGM that was held in Savusavu on June 28th, 2019 breached the Party’s Constitution and the Fiji 2013 Constitution.
The ruling declared that the decisions, resolutions and outcomes of the SODELPA Annual General Meeting held at Savusavu on the 28th of June 2019 are invalid.
The Court also declared that the election of Ro Filipe and Adi Litia Qionibaravi as invalid.
The Court declares that all subsequent actions, meetings, resolutions, decisions, directives and outcomes of the management board following the AGM of Ro Filipe Tuisawau held in Savusavu on that date including the acceptance of Adi Litia’s restrospective resignation and the appointment of Usaia Waqatairewa as the General Secretary of SODELPA are unlawful, inavlid and ineffective.
The Court further declared that Adi Litia has ceased to be a member of the management board by virtue of sections 13.8.1 and 13.8.3 of the SODELPA Constitution.
However, Ro Filipe will remain in office until the financial members of SODELPA decide on whos hould be president, vice president and general secretary.
Judge Vishwa Datt Sharma ruled that the mere fact the defendents have acted in breach as referred to in his judgement does NOT mean that Ro Filipe, Anare Jale, Adi Litia Qionibaravi and Usaia Waqatairewa are not entitled to hold office in their repective capacities as President, Vice President and General Secretary.
It is a matter for the Financial Members of the SODELPA Party to elect or remove office bearers of the SODELPA Party and further it is NOT a matter for the Court to do so.