Fijileaks: When Khaiyum chided Young and called on him to expedite the appointment of Leawere, he (Khaiyum) was AWARE that Leawere was the losing candidate who should enter Parliament - now he is moving the constitutional and electoral goal post by arguing that "a public officer" can't be an MP; and why is Devanesh Sharma representing A-G - where are the lawyers in Attorney-General's Office all gone to - HOME? According to Fijileaks sources inside A-G's Office, Khaiyum became upset that the Electoral Commission had used an outside lawyer for an independent legal advice regarding the awarding of the seat to Leawere! Judge Alfred to rule on Mikaele Leawere's case on Monday High Court Judge, Justice David Alfred will rule next Monday on whether SODELPA’s, Mikaele Leawere is the rightful holder of the parliamentary seat and whether the Electoral Commission made the right decision in awarding him the seat. The lawyer for the Electoral Commission, Bhupendra Patel today told the High Court that the commission correctly awarded the parliament seat to SODELPA’s Mikaele Leawere after the passing away of SODELPA MP, Ratu Viliame Tagivetaua. While arguing the case on behalf of the commission, Patel mentioned that the award was made under the Electoral Decree. He says the seat was awarded on the 27th of April and the commission carried out it’s duty under the law to award the seat to Leawere. Patel also highlighted that Opposition Leader, Ro Teimumu Kepa had written a letter to the commission in March this year which also included attached letters from July 17th, 2014 showing that Mikaele Leawere wrote to the Fijian Teachers Association stating that he is to file his nomination for elections and tendered his resignation from FTA. Patel says the resignation was also accepted by FTA on 18th July, 2014. He told presiding judge, Justice David Alfred that there is no law that prohibits Leawere from holding the parliamentary seat. Patel says the Electoral Commission had to pick the name of the highest ranked candidate from the same party who did not get elected in the elections. He says there is no dispute that Leawere was the highest ranked candidate. Patel says the commission can only refuse to award the seat to a candidate if he or she is not available at the date of the vacancy. The Attorney General’s petition seeks a determination that the Electoral Commission erred in law in awarding a vacant parliamentary seat to Leawere, who was the SODELPA candidate with the highest number of votes in the September 2014 General Election after SODELPA MP, Ratu Viliame Tagivetaua’s death on March 5th this year. Mikaele Leawere’s lawyer, Jon Apted said in court today that Leawere had already resigned from FTA before the general elections. Apted says Leawere resumed employment at FTA after he was unsuccessful in the elections. Lawyer for the AG’s Office, Devinesh Sharma says the law is clear that if you are a holder of a public office, your nomination becomes invalid after you take up public office. Sharma says Leawere was disqualified from January this year when he took up office at the Fijian Teachers Association. He says he was still holding that position when he was approached to take up the parliament seat in March. Mikaele Leawere’s lawyer, Jon Apted says Leawere was the highest ranked SODELPA candidate who was not a member of Parliament. He says based on this, the Electoral Commission awarded the seat to Leawere. Source: Fijivillage, 3/4/2015 What about Viliame Naupoto? He is next up if a FFP seat becomes VACANT in future - like Leawere, he has returned to the RFMF barracks! Fijileaks: In a normal democracy, a vacant parliamentary seat would have been filled via a by-election; Khaiyum, so fearful of losing the rigged majority of seats, made sure the vacant seat was filled by his S64!
"Under section 64 of the constitution, when a seat of a member from a political party becomes vacant, the Commission must award the seat to the candidate of the same party who in the past general election is the highest ranked of the candidates who did not get elected to Parliament and who is available to serve." Aiyaz Khaiyum's 2013 Constitution Judge dismisses Apted’s strike out application re Leawere! The strike out application filed by SODELPA MP Mikaele Leawere’s lawyer Jon Apted against the Attorney General’s petition has been dismissed by the Suva High Court Judge Justice David Alfred. Judge Alfred also ruled that Leawere has to pay costs of $1,000 to the Office of the Attorney General. Meanwhile Suva lawyer Devinesh Sharma who is representing the AG’s office said in the case late yesterday that Leawere is only elected to parliament in the 2014 general election. The Attorney General’s petition seeks a determination that the Electoral Commission erred in law in awarding a vacant parliamentary seat to Leawere who was the SODELPA candidate with the highest number of votes in the September 2014 General Election after SODELPA MP Ratu Viliame Tagivetaua’s death on March 5th this year. The commission awarded the seat to Leawere on May 5th. When the vacancy arose Leawere was the Acting General Secretary of the Fijian Teachers Association making him a public officer. According to the constitution, no public officer is eligible to take up a parliamentary seat. Under section 64 of the constitution, when a seat of a member from a political party becomes vacant, the Commission must award the seat to the candidate of the same party who in the past general election is the highest ranked of the candidates who did not get elected to Parliament and who is available to serve. Submissions will continue to be heard by the High Court today on whether Leawere should continue to occupy the parliamentary seat. Source: Fijivillage News Fijileaks: So, it is acceptable that the Godfather of Double Standards can snatch back his old A-G job but it is not acceptable for Leawere to enter Parliament just because after losing the election he had returned to FTA as acting general secretary? There is something really ROTTEN in Khaiyum's Kingdom - and who to blame - COWARD NATIVE FIJIANS! The Italian Job: Cunning resignation to become Parliamentary Speaker A-G files petition against Sodelpa MP Mikaele Leawere's appointment by the Electoral Commission Fiji Times Saturday, May 23, 2015 AN election petition filed by the Attorney-General Aiyaz Sayed-Khaiyum objecting to the decision of the Electoral Commission to elect Mikaele Leawere as a member of Parliament was called for the first time before Justice David Alfred in the High Court in Suva yesterday. The petition was filed last Wednesday by the Attorney-General in the Court of Disputed Returns against the Electoral Commission and Mr Leawere, a SODELPA MP. Devanesh Sharma appeared for the petitioner, the Attorney-General while Virisila Lidise appeared for the first respondent, the Electoral Commission, and Jon Apted appeared for Mr Leawere who was the second respondent. The petition seeks a determination that the Electoral Commission erred in law in awarding a vacant parliamentary seat to Mr Leawere, who was the SODELPA candidate with the highest number of votes in the September 2014 General Election, and who was not a member of Parliament. The seat was vacated when SODELPA MP Ratu Viliame Tagivetaua died on March 5 this year and the commission subsequently awarded the seat to Mr Leawere on May 5. Under section 64 of the Constitution, when a seat of a member from a political party becomes vacant, the Commission must award the seat to the candidate of the same party who in the past general election is the highest ranked of the candidates who did not get elected to Parliament and who is available to serve. Mr Leawere was the highest ranked SODELPA candidate who was not a member of Parliament The Attorney-General alleges that the Commission should not have awarded the seat to Mr Leawere because he was a public officer by virtue of being employed by a trade union when the vacancy arose, and when he advised the Electoral Commission that he was available to take the seat. Bainimarama to Barr: "So, you are back from China - did you f*** off?"
In consideration of the above deliberations and analysis, the Committee concludes that the majority of the public that participated in this consultation were not in favour of the development of part of Shirley Park for a four (4) star hotel. It is also noted that all the submissions were in favour of developments generally in Lautoka City but not in Shirley Park. EXCERPTS FROM SHIRLEY PARK REPORT: My name is Josateki Vuluma. When P. Meghji wanted to develop Shirley Park, he came around to Vitogo and said that he wanted to develop Shirley Park so that there can be jobs in the tikina. All the Chiefs agreed to sign that letter so that the area can be developed. That is all. MR. CHAIRMAN.- Honourable Members of the Committee, with us is the representative from the P. Meghji Company. Any questions or comments to the presenter, or do you want us to proceed further? Mr. Matanatabu, the Committee agrees for you to proceed with your presentation. MR. E. MATANATABU.- Thank you, Mr. Chairman. Before I start with the presentation, maybe, I would like to give the Committee a brief background of P. Meghji Trading Limited. P. Meghji started its operations here in Lautoka in its current form some 24 years ago. The primary business is a wholesaler with dried goods and beverages and that the majority of our markets at that state were hotels around the country. Some 10 years ago, the Company started to diversify and invested in putting out I think two of its kind establishments in Lautoka; the Lounge and Bar Restaurant and the Lautoka Spa. This is all in its aim to actually develop Lautoka to become a tourist destination. As part of its future development, it also had its eye in establishing a hotel here in Lautoka. So, we can see that the infrastructure is actually in place that we have put in to actually support this development. I think you will know that the latest acquisition was the Sheraton Tokoriki which has now been in operation for the last seven months, and that is out in Tokoriki Island. In a nut shell, as a background to this hotel development, it has been in our pipeline in our development plans, say for the last five years, and it is something that we have always looked forward to. PROPOSAL BY P. MEGHJI LTD At the meeting of Lautoka City Council Management on February 13th, 2013, P. Meghji Ltd presented its development proposal options under Build Own Operate and Transfer (BOOT) arrangement and under Long-Term Lease arrangement. In the meeting, the Council and P. Meghji mutually agreed that development under long-term lease would be a win-win situation for both parties. Proposed Development Construction of 101 rooms, 4-Star Hotel with conference facility with a sitting capacity of 450. Total project is estimated at $17,000,000 Other Business Proposed If approval is given, P. Meghji Ltd intends to construct a jetty on the foreshore opposite the proposed site which will be the gateway to the Yasawa Islands. Children’s Park P. Meghji Ltd has offered to construct on the balance land on the Foreshore lease a Children’s Park Mr. R. Meghji: "The business hotel is a four-star and will have business hotel facilities such as the Conference Centre which is a major part of this hotel. Apart from the Shirley Park, there is no other location suitable for this site. It is the only location that can basically occupy a hundred (100) room hotel with a four hundred (400) seater Conference facility. The company will lease the land where the City Council will earn almost $500,000 a year. Basically, if one looks at a 20-year plan, the land will [be] worth $20 million. The company is not paying upfront and grabs the land from the Lautoka City Council; it will still remain with them. During the initial EOI that the company expressed during the bidding of the land, the company had stated that it will construct a park for people to utilize in the other half of the land or the remaining area where people could enjoy them. The company will be constructing playing fields for kids, a picnic spot for people to use that will have BBQ stands so that those who go to Shirley Park will still be able to utilize that area." Submission Fourteen: Mr. Charan Jeath Singh, Ratepayer, Lautoka "Has no objection to any other businessman trying to develop Lautoka provided they develop in a place which is meant to be developed and not to take away the parks and gardens. He would like to put on record that Mr. Praveen Kumar Bala was an Administrator and a former Mayor of Lautoka and he told Mr. Singh that he has been asked by the Attorney General to put a proposal to government. From his experience with the Town and Country Planning procedures, it is very clear that all the submissions has to be made to the Town and Country Planning by all the authorities before they even issue a provisional approval. In this case, there has been a horse before the cart whereby the provisional approval has been given and Mr. Meghji is going around in Lautoka and the whole of Fiji saying that he has a park to develop. That is very unfair on the part of the citizens and developers of Lautoka. In the newspaper of Tuesday 3rd March, it is reported that the Committee is usurping the powers of the Town and Country Planning. He wishes to place on record that the Honorable Attorney General has been usurping the powers of the Director of Town and Country Planning by putting a directive well before the submission started. As with the other members they expect and have big faith in the Bainimarama government to be transparent, open and put procedures in place so that every other citizen can follow the law but there has been a shortcut. The development in Lautoka will not stop if Meghji does not get Shirley Park. Their company has plans to put a fifty million dollar ($50m) one hundred (100) room hotel and that is already in the pipeline so there is no real shortage. In his conversation with Mr. Y.P. Reddy, they have got almost one hundred (100) rooms and they will have another one hundred (100) rooms and the occupancy percentage will not be more than sixty (60) per cent. The developing one will be trying to kill another development which is already in the pipeline. Lautoka Hotel is a hotel site next to Shirley Park they can develop there, a hotel on a hotel site so that, that hotel and the Waterfront Hotel can give the visitors and of course the citizens of Lautoka a place to go and relax in the open space. He handed over the proposal of a fifteen or twenty million dollar ($15m or $20m) development which is going to come up in 2016 and it is a four (4) or five (5) story hotel with one hundred (100) rooms which will be ready in 2018. He will present another set of reports by a company that shows that flooding is already eminent in this area and the city council should address this issue now. The problem is already there when there is a heavy downfall and high tide the whole road is filled with flood water. There is a report and it shows that there is a problem in that area and putting in another hotel will increase the problem. There was no consultation what so ever and everything was done behind closed doors and then when the public found out they were told that there is something happening, but again very limited information was being passed to them. He has no faith in the Director of Town and Country Planning. He cited an example in Labasa where Jaycees Park was also given for a hotel development and the ratepayers of Labasa went ahead and signed the petitions, saw the Prime Minister and the Attorney General and there was a recommendation by one of the staffs, a high qualified staff that the Jaycees Park should not be touched and should be left for open space. But despite the recommendation within the Ministry, within the Department the Director went ahead and rezoned it. The danger is that the Shirley Park will face the same fate if they are not careful, despite all the objections the Director could do otherwise. The authority is good but they should listen to the views of the public and then make a decision, not to be biased and predetermined the decisions. By having a hotel next to Waterfront, there will be no big difference to anyone except just losing a very good parcel of land that the public has. If Mr. Meghji wants to develop, the government should allocate something around that area, it is not too far out. They do not fear competition because nowadays in business it is all about service if you give good service the customers are going to come." MR. R. MEGHJI.- Mr. Chairman, I would like to comment on one thing. We had this approval last year before the General Elections. What would have happened if we had started the Project, like what Tappoos did at Churchill Park? Would we be sitting here today and discussing this? I do not think so. We would have been half way. HON. J. DULAKIVERATA.- Mr. Chairman, if you had been given the approval last year, why did you not start? MR. R. MEGHJI.- The reason we did not start, we were doing Sheraton Tokoriki. It is a $50million Project we did there, and we had started that. So, initially one cannot run two projects at the same time. We finished in July, and then we were supposed to start this. Fijileaks: We invite all and sundry to compare Shirley Park leasing with the Old Nausori market leasing to Food For Less supermarket chain! |
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