The Supreme Court presiding over the Special Reference filed by the Attorney General Pila Niningi, seeking clarification on the eligibility of convicted criminals to contest the National General Elections has granted leave for four parties to join the proceedings.
Leave was granted on Friday the 13th of May 2022.
The four include, the Public Solicitor, the Speaker of the National Parliament, the Public Prosecutor and Mr Simon Sinai as the Electoral Commissioner.
As defenders of the Constitution, the Public Prosecutor and the Public Solicitor saw interest in the special reference because the questions contained in the Special Reference have a direct impact on the powers, roles and responsibilities of both institutions.
The Public Solicitor, Leslie Mamu cited that the questions raised relate to offences under the Criminal Code and generally criminal law, an area which concerns the Public Solicitor.
Meanwhile for the Electoral Commissioner, it was important that he take part in this Special Reference, because he is in-charge of the overall running of the elections for the National Parliament and the legislative arms of the Local Level Governments.
The outcome of the Special Reference will have a direct impact on the Electoral Commission’s functions.
The Special Reference seeks interpretation on Section 50 and 103 of the Constitution that talks about a citizen’s right to vote and stand for public office and the qualifications for and disqualifications from membership.
The Solicitor General Tauvasa Tanuvasa, representing the Attorney General did not object to the applications.
With leave granted, each of the intervener shall file and serve their statements of response by Tuesday 17th of May 2022.
The Referrer in this matter shall in consultation with the interveners file and serve a Reference Book by the 20th of May for listings.
The matter returns to court on Monday the 23rd of May 2022.
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