Obey

By BEVERLY PETER
ATTORNEY-GENERAL Pila Niningi has written to electoral commissioner Simon Sinai reminding him not to accept nominations from any candidate convicted of a crime after June 25, 2002.
Solicitor-General Tauvasa Tanuvasa said this follows the Supreme Court’s decision on May 31 on the special reference Niningi filed concerning convicts running for public office.
“The Supreme Court’s decision is a binding decision and Sinai must obey by implementing it,” Tanuvasa said.
He said it was clear that if the person affected by that decision had already nominated, then Sinai must reject it.
“Even though they are nominated, their nominations are open to be challenged and can be set aside by the National or Supreme Court as unlawful.
“Contempt of court is very serious and we should not go that far,” Tanuvasa said.
He said if Sinai had made a decision to proceed with having convicts contesting the General Election 2022, he had not seen any form of document from Sinai to Niningi stating that.
“Even if they proceed in the contest and happen to win, they will be disqualified to occupy the office.
“The risk must not be taken to proceed all the way to the end until complaints on their nominations being unlawful and their elections being null and void because so much has already been spent,” he added.
Tanuvasa said Sinai should seriously consider that rather than continue.
He further added that if Sinai disobeyed the court order, it would send out a message to the people that they can also disobey the law.
“It might be a setback in terms of Sinai’s administrative processes already in place but it is a binding law and must be obeyed,” he said.
Tanuvasa said Sinai by now should be sending the list of the nominated candidates to all court registries to see if any of them had been convicted of criminal offence and start rejecting their nominations.
He added that it was also the personal interest of such person whether to proceed with contesting in the general election despite the court’s order or not.
“This is because that decision was made by a five-man bench Supreme Court and it binds all the parties and is impossible to appeal it.”