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 comments against a political party during an election year, specifically concerning the Social Democratic Liberal Party (SODELPA).
Today, her attorney, Barbara Malimali, informed the Suva High Court that affidavits challenging the appointment of the acting Fiji Independent Commission Against Corruption (FICAC) Commissioner have been filed. Malimali requested the April hearing date, noting that the case is similar to two other stay applications currently before Justice Siainiu Fa’alogo Bull.
FICAC counsel Joseph Work confirmed the receipt of Waqanika’s affidavits and noted the importance of considering her social media comments relevant to her case. However, Justice Bull clarified that her judgments would be based exclusively on the evidence presented in court, rather than on social media commentary.
The Judge has mandated that FICAC submit its response within seven days, while the applicants have a 14-day window to file their responses through written submissions. The matter will be revisited in April.
Waqanika is charged by FICAC for allegedly breaching Section 14D of the Fijian Political Parties Act 2013. The charges stem from comments she made on April 19 last year, in her capacity as a board member of Investment Fiji and Telecom Fiji. These comments reportedly expressed opposition to SODELPA and were shared on her Facebook page.
This case underscores ongoing tensions within Fiji’s political landscape, particularly leading up to election periods. It highlights the complexities of free speech in relation to political affiliations and the regulatory environment that governs such expressions in Fiji.
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