FijiFirst leader Voreqe Bainimarama remains as Leader of the Opposition despite his suspension from Parliament on Friday for breach of privilege, according to Fiji constitutional lawyer Richard Naidu.

Naidu told the Sunday Times he believed that Bainimarama was entitled to retain the salary and other rights that go with the job — although “there might be a legal argument” about that.

He said that the Leader of the Opposition was different from other MPs who had previously been suspended.

“He is not an ordinary MP. His position is established under the Constitution. Under Section 78, he is elected from among the Opposition members,” he said.

“Under Section 78 of the Constitution, he keeps his job even after the dissolution of Parliament.”

Naidu said the Opposition Leader had other constitutional roles outside Parliament, including being a member of the Constitutional Offices Commission (COC).

“He is also one of the people who may nominate a new President for Parliament to vote on under Section 84.

‘Must not be varied’
“It seems that he can continue to do these jobs — and to keep his salary, which Section 80 of the Constitution says “must not be varied to his disadvantage”.

“Other suspended MPs have had their salary payments suspended while out of Parliament.

“So there might be a legal argument about that.

“But other suspended MPs did not hold a substantive office as Mr Bainimarama does.”

Naidu said that despite the suspension, Bainimarama remained an MP — however, he could not attend Parliament for three years.

“While he is suspended, he is not replaced in Parliament. This means the voting strength of the FijiFirst Party drops to 25 while he is suspended.

“It is for the Opposition MPs to work out how they will operate in Parliament while Bainimarama isn’t there. But while he continues to hold the post, a new Leader of the Opposition cannot be appointed.

Could be voted out
“Under the Constitution, if a majority of Opposition members want Bainimarama out, they could vote him out.

“He could resign as Leader of the Opposition only and keep his seat as an MP. Or he could resign both as Leader of the Opposition and as an MP.

“If he resigned as an MP, a new FijiFirst Parliamentarian would come in; the next one on the list of candidates who missed out in the 2022 election.”

Questions regarding the suspension were sent to both Bainimarama and FijiFirst party general secretary Aiyaz Sayed-Khaiyum yesterday.

However, no response was obtained when this edition of the newspaper went to press.

Shayal Devi is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s opposition leader Voreqe Bainimarama has been suspended for three years as an MP for breaching parliamentary privilege.

It comes after the ex-prime minister said the President, Ratu Wiliame Katonivere, had failed to protect the constitution and the rule of law in his opening statement for the 2023 parliamentary session on Monday.

The FijiFirst leader will be out of Parliament until 17 February 2026, after a midnight vote as both sides of the House clashed over Bainimarama’s suspension.

Leader of government business Lynda Tabuya said Bainimarama’s words “denigrated” the head of state when he uttered “seditious words”.

“Matters of offensive conduct towards Parliament must be taken seriously. It is even more important that members of Parliament uphold the required standard of behaviour in Parliament,” she said.

“In particular, the prohibition against speaking words that are disrespectful to our head of state as well as seditious words that breach the standing orders.”

The Parliamentary Privileges Committee had recommended that Bainimarama be immediately suspended for three years; that he provide a written apology to the President within 14 days; and issue apology to public within 48 hours.

It also recommended that he not be allowed to enter Parliament during the period of suspension; and if he fails to comply then necessary enforcement measures will be implemented.

Co-deputy Prime Ministers Viliame Gavoka and Professor Biman Prasad supported the former PM’s exclusion.

Gavoka said Bainimarama’s comments were an “insult” to President Katonivere and his “ignorant comments can destroy confidence” in the office of the head of state.

He urged all MPs to “defend the values” of Parliament and “denounce the ignorance” of the leader of opposition.

Professor Prasad said Bainimarama was a “repeat offender of parliamentary assault” and his words were “utterly pathetic”.

But Prime Minister Sitiveni Rabuka appealed to the Speaker Ratu Naiqama Lalabalavu and the parliamentarians as the “lone voice” from the government side for Bainimarama to be forgiven and he receive a lenient suspension.

Rabuka’s plea resulted in the government side amending their motion to reduce Bainimarama’s suspension to 18 months.

However, the opposition side still not did not support the amendment late into Friday night.

“You cannot apologise if you have done nothing wrong,” FijiFirst MP Jone Usamate said as he defended Bainimarama’s political fate.

While another opposition member, Faiyaz Koya, said they “did not find any guilt” in what their party leader said.

Bainimarama becomes the fifth MP to be suspended from the House after breaching privilege.

Previously:

• The current Speaker Ratu Lalabalavu was suspended for two years in 2015 as a Sodelpa MP;
• Former National Federation Party MP Tupou Draunidalo was suspended in June 2016 for the remainder of her term;
• Another Sodelpa MP, Ratu Isoa Tikoca, was suspended for two years in September 2016; and
• Current Home Minister Pio Tikoduadua was suspended for 6 months in 2019.

RNZ Pacific has contacted Bainimarama for comment.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz