Suva lawyer Tanya Waqanika is set to have her application for a permanent stay of proceedings heard on April 20th. Waqanika faces allegations of making remarks against a political party during an election year, specifically targeting the Social Democratic Liberal Party (SODELPA).
During a court session today, her attorney, Barbara Malimali, disclosed that affidavits challenging the acting appointment of the Fiji Independent Commission Against Corruption (FICAC) Commissioner have been filed. Malimali requested the April hearing date, noting that this case is similar to two other stay applications currently under review by Justice Siainiu Fa’alogo Bull.
FICAC counsel Joseph Work confirmed that the commission has received Waqanika’s affidavits. He also requested that the court take into account Waqanika’s commentary on her case shared through social media channels. However, Justice Bull clarified that her judgments would solely rely on the evidence presented in court, disregarding any external social media remarks.
The court has granted FICAC a period of seven days to prepare its response, while the applicants have 14 days to submit their written counter-responses. This matter, which is a result of Waqanika allegedly infringing upon Section 14D of the Fijian Political Parties Act 2013, will be revisited in court come April. The charges stem from an incident on April 19th of the previous year, where Waqanika allegedly expressed her opposition to SODELPA, as indicated through comments posted on her Facebook page while serving as a board member for both Investment Fiji and Telecom Fiji.
As this case progresses, it highlights the ongoing complexities surrounding political discourse and the legal implications of public commentary within the context of Fijian electoral law. The decision in April will be closely watched as it may set precedent for similar cases in the future.