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Balawa pursues legal action against PAP

Former General-Secretary of People’s Alliance Party, Sila Rokosawa Balawa is taking legal action against the Party and current General Secretary, Usaia Pita Waqatairewa.

The summon which has been served already is against the procedural process declaration followed by the defendants (PAP and Waqatairewa) in handling the plaintiff’s (Balawa) grievance and request for redress pursuant to section 27.8 of the PAP’s Constitution, the Political Parties Act, and the Fijian Constitution.

The  declaration is in respect to the decision made on or about 18 July 2023, where the 1st defendant acted in breach of the plaintiff’s legitimate expectation of being extended procedural fairness or natural justice and to raise in the plaintiffs’ mind an apprehension of bias in the making of the decision and or the circumstances surrounding it.

Balawa claims his grievance was discussed in his absence and the decision of the legal and National Disciplinary Sub Committee of the Party is invalid as he was not accorded natural justice.

The summon also indicated that the Party being a registered political party, failed in its duties to strictly observe and comply with the code of conduct provided in the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 as follows:

  • Act honestly, diligently, unbiased, fairly, and in the best interest of the Party
  • Made improper use of their respective positions to gain directly or if not indirectly an advantage for Waqatairewa to acquire the positions of GS of the Party orchestrating the events that led to the said appointment
  • Failed to promote good governance, integrity, transparency, and accountability and eradicate political malpractice
  • Failed to respect and promote human rights and the rule of law
  • Failed to respect, uphold, and promote democratic practices through regular, free, fair, and credible elections within the political party including having democratically elected officeholders and political party organs
  • Failed to perform transparency and accountability in all party policies, rules, structures, procedures, and performance.

Therefore the selection process was not impartial and is invalid.

The summon also highlighted that all subsequent actions, meetings, resolutions, decisions, directives, and outcomes of the People’s Management Committee following the selection process for the GS position held in June 2023, including his appointment are unlawful, invalid, and ineffective.

Ilaitia Ravuwai
Ilaitia Ravuwai
Journalist | news@fijilive.com

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