“THE decisions that you take here must be consistent with the laws of Fiji.”
According to the verbatim record of proceedings, this was told to the Parliamentary Privileges Committee by Defence Minister and committee member Inia Seruiratu while deliberating on a matter of privilege against suspended Opposition MP Pio Tikoduadua earlier this month.
In taking the stand before the committee, Mr Tikoduadua questioned the committee whether their ruling was that he should not give a statement, but only be subjected to questions.
In response to his question, Agriculture Minister and committee member said, “Yes, that is how it is”.
Committee chairwoman Veena Bhatnagar also responded, saying that, “as of now, that has been decided, Honourable Lt. Col. Tikoduadua, that you are on the witness stand and honourable members will be questioning you”. Government Whip Alvick Maharaj also responded to Mr Tikoduadua’s question saying that it was part of the procedures that witnesses were not supposed to give any statement.
Mr Tikoduadua then asked the committee if he could read the laws pertaining to the Parliamentary Powers and Privileges.
“The Laws of Fiji Cap. 5. 15 Edition 34 1978 which are the current rules guiding the way evidence is taken before the committee or in Parliament,” he said.
“Section 15, honourable chairperson, which is under Privileges of Witnesses of which I am; it reads, and I quote: ‘Every person summoned to attend to give evidence to produce on paper, book, record or document before the House of Representatives or the Senate or a committee thereof shall be entitled, in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or document, be accorded to the same right or privileges as before a court of law’.”
Mr Seruiratu then said because Mr Tikoduadua was quoting the law and just for the integrity of the committee, the chairwoman had the right to have independent legal advice.
“I think to protect this committee, because there are already articles about this committee will be put to the test and because it is a legal issue as well and he has a right like any other citizen, then probably I suggest that you take a quick legal advice so then we can proceed,” Mr Seruiratu said.
“My point is, the decisions that you take here must be consistent with the laws of Fiji.
“I am just concerned at this stage because as much as we want to proceed, but then we must be seen to be doing the right thing consistent with the laws of Fiji.”
After seeking legal advice, the committee ruled that Mr Tikoduadua was required to answer questions from the committee and also submit a copy of his written statement to them.
