Niko Nawaikula has been requested to seek legal advise for his statement on social media.
Registrar of Political Parties, Mohammed Saneem says according to the post Nawaikula had posted that ‘ Mr Saneem whose likely to be advising the Parliament overlooked section 20 of the Political Parties Act’, which is incorrect.
” First of all,I would like to point out that Mr Nawaikula has got the law wrong when he has suggested that the Supervisor of Elections is actually advising the Speaker. The Speaker of Parliament is an independent authority with a set of staff which has qualified legal professionals as well as constitutional mandated legal advice from various offices. As such it does not have to seek and it did not seek the advice of the Supervisor of Elections and this is an incorrect assumption by Mr Niko Nawaikula.”
Nawaikula had also made incorrect assumptions on social media about SODELPA in suspension, members being able to return to parliament as independent candidates.
Under the electral system, nominations at the general elections are done by political parties using their own lists, says Saneem.
“Under the electoral system,nominationsat the General Electionare done by Political Partiesusing Party Lists. All candidates for the electionby the Party are listed by order of preference in the Party List by the Party.”
Since the party has not been de-registered yet, Mr., Nawaikula, in referring to section 20 of the Act, is rather putting the cart before the horse. Since there still remains significant time to remedy the contravention, going any further on the effects of section 20 is rather moot at this point.
According to the High Court ruling, once a political party is suspended, there is no such party in existence, before the law, during the period of its suspension.