THE High Court in Suva has dismissed the proposed Fiji Labour Party's case challenging the Registration of Political Parties Decree.
In her ruling, Justice Anjala Wati said no court should have the jurisdiction to accept, hear, determine, or in any other way entertain, and challenge any decree approved by the President of Fiji. Justice Wati said under the Administration of Justice Decree, the court did not have the power to continue any case that would challenge any decree.
The case was filed against President Ratu Epeli Nailatikau, Attorney-General Aiyaz Sayed-Khaiyum and the Registrar of Political Parties.
Lawyer for the proposed FLP, Anand Singh, in an earlier submission, said the decree was not aligned with international labour laws and also breached human rights provisions.
He said parts of the decree which infringed on international law must be reviewed.
Mr Singh said the proposed FLP group did not challenge the whole decree, lawmakers or the President who approved the decree, but only a portion of the decree that violated human rights and was also not in accordance with international conventions
He had also sought an injunction against the Registrar of Political Parties from proceeding with the deregistration of the proposed FLP.
However, acting Solicitor General, Sharvada Sharma said this was prohibited against the State and that there was no evidence of any deregistration at any time.
Mr Sharma said the decree itself deregistered the proposed party. If the court did have the power to continue any case that would challenge the decree, Justice Wati said different parties could come to court and be allowed to challenge different provisions of the decree and this could lead to the challenge of the entire decree.
The court ordered the proposed FLP to pay $1500 to the Attorney-General's Office in court costs.