Despite the deregistration of FijiFirst, Inia Seruiratu will remain as the Leader of Opposition, unless a majority of Opposition MPs contest this position. This is the perspective of Suva lawyer Richard Naidu. He asserts that the deregistration of FijiFirst doesn’t alter Seruiratu’s existing role; he would continue in his post unless a majority of the Opposition MPs express to the Speaker of Parliament that they no longer want him in the position.
According to Section 78 of the Constitution, Naidu explained that the Leader of the Opposition is chosen based on the majority support of Opposition members. “Even if Seruiratu and the other former FijiFirst Parliamentarians are no longer FFP members, he still retains his office,” he stated.
The Constitution’s Section 78 necessitates that the Leader of the Opposition be unanimously chosen by the Opposition MPs or be elected if they propose more than one candidate. Since 2014, all Opposition leaders, including Seruiratu who replaced Frank Bainimarama, has been elected unanimously.
Naidu pointed out that former FijiFirst Parliamentarians could replace Seruiratu if a majority desired to do so. For this action to occur, s.78 (4) of the Constitution mandates that a majority of the Opposition MPs must formally notify the Speaker that they believe the current Opposition Leader should no longer retain his role. If this occurs, the Speaker must seek nominations for the Opposition Leader’s role from the Opposition MPs. They could either unanimously select another individual or, if there are multiple nominees, hold an election for the position with only Opposition MPs voting.