The question

Law

The question of dual citizenship

A Fijian government mil trial for her allei

By Yunus Rashid

There is no doubt that the High Court in Fiji is in the hot seat rather the hot bench.

A political ploy by an opposition party to oust Fijian Affairs Minister Adi Samanunu Talakuli Cakobau has turned into a tug-of war between the government and the party, Fijian Association.

The facts of the case are that Adi Samanunu holds a British passport along with her Fijian passport. She admitted this in parliament. But she explained that before she stood as a candidate for the Soqosoqo ni Vakavulewa ni Taukei party, she had sent her passport to her husband in England. She said she had the British pass port solely for traveling with her husband who was serving in the British army and that too on the recommendation of the army.

When her nomination as candidate for the general elections was fded in 1993, no objections were raised and she subse quently won over the Fijian Association candidate and party leader Josevata Kamikamica.

Fijian Association could have objected to Adi Samanunu’s nomination but did not either because they did not know about her dual citizenship or because they would not have gained any political mileage from such an action.

On the basis of what Adi Samanunu told

ster and high chief goes on d dual citizenship

parliament, the Fijian Association is seek ing the High Court to; * Declare invalid the Fijian passport issued to Adi Samanunu in 1993 because at the time she was still the holder of a British passport; * Declare that she could not have been nominated to contest the general elections; * Declare that she could not have been registered as a voter last year; * Declare that she be disqualified as a Member of Parliament; * Declare that she could not be registered as a voter because she had not lived in Fiji continuously for the 24 months immedi ately before the general elections.

The Fijian Association also wants Kamikamica to be declared the victorious candidate instead of Adi Samanunu since he had received the fourth highest votes in the constituency and all documents signed by Adi Samanunu as Minister for Fijian Affairs be nullified.

Solicitor-general Isikeli Mataitoga, who is representing hte state, asked Justice Fatiaki to strike out the Fijian Association action on the grounds that there was no reasonable cause of action for it, the party did not have the legal right to institute such an action becasue it was not a registered voter and the action was contrary to public policy and was against common law prin ciples.

Meanwhile, Adi Samanunu’s supporters held meetings to discuss how they could protest against the move to oust her. They

held several meetings with the minister and expressed their support for her. She, in turn, told the supporters that times were trying for her but she was bearing the embarrassment with dignity. The support ers decided that if they were denied a per mit to march through the streets of the cap ital, Suva, they would gather at the court house on the date of the hearing. This they did.

The Supervisor of Elections has ruled that the minister’s election to parliament may be a breach of the constitution but it does not matter anymore because nobody picked it up during the one-week objection

period.

The supervisor said as far as his office was concerned, Adi Samanunu was in the clear.

Adi Samanunu saw Rabuka about her dual citizenship but his advice to her is not known. What is on record is that Adi Samanunu applied for a new passport in 1993 and was issued with one. How this happened has not been explained either.

Fiji’s Immigration Department says it

does not issue a Fiji passport to anyone known to have a foreign passport. Adi Samanunu’s lawyers have yet to file sub missions. ■

Minister for Fijian Affairs: Adi Samanunu Talakuli Cakobau