SODELPA fate in hands of Speaker
It will come down to how the Speaker interprets the situation and I feel his ruling could go either way.
SODELPA president Ratu Epenisa Cakobau has written to the Speaker seeking to apply for fresh motions for the appointment of the Opposition Leader - stating that in voting for Ratu Naiqama Lalabalavu in caucus and nominating his name in Parliament - "the party directive was disregarded." He wrote that "despite the communication of the party" to vote for Gavoka as Opposition leader " 14 of the MPs in caucus voted for Ratu Naiqama "disrespecting the party directive.”
Section 63 (1) of the Fijian Constitution comes into play as it states that the seat of an MP becomes vacant if the member votes or abstains from voting in Parliament "contrary to any direction issued by the political party for which he or she was a candidate." Opposition whip Lynda Tabuya says in this Fiji Times article that Section 63 does not apply "because no voting took place in Parliament that day." Again it comes down to interpretation. What constitutes Parliament - just the main Parliamentary seating or floor or the whole Parliamentary premises i.e Did the caucus vote at the Opposition Office 'IN' Parliament.
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