VACATION OF SEATS IN THE LEGISLATIVE ASSEMBLY IN ACCORDANCE WITH THE STANDING ORDER
By: Asenati Taugasolo Semu
The Clerk of the Legislative Assembly, Tiatia Graeme Tualaulelei clarifies the vacation of seats in the Legislative Assembly in accordance with the Standing Order of Parliament.
Tiatia was responding to complaints by some former Members of Parliament, regarding letters given to them informing them about their vacated seats in Parliament.
“The Speaker’s Ruling was based on breach of Standing Orders and other related legislations,” said Tiatia.
“The same ruling applied during the 2006 – 2011 Parliamentary Term when Former Members of Parliaments, Vaai Papu Solia, Palusalue Faapo II and Lealailepule Rimoni Aiafi vacated their seats for Bi-elections in 2010, when they declared candidacy nominations for the Tautua Party for the 2011 General Elections.”
In the Standing Orders, 2016, for Parliamentary purposes: Any member who takes the Oath of Allegiance before he or she is notified under a party as required by its Parliamentary membership (2) (c) of this Order shall be recognised as an independent member for the duration of the parliamentary term. Any member who ceases to be a member of a party under which he notified as required by its Parliamentary membership shall be recognised as independent member for the rest of the parliamentary term.
In the Electoral Act 2019;
Section 140 (4): A Member elected as an independent Member who takes the oath of allegiance as an independent Member must remain as an independent Member for the Parliamentary Term.
Section 141: Vacation of seat in the Legislative Assembly
(1) A seat of a Member becomes vacant if the events specified in Article 46(2) (a), (b), (c) of the Constitution or subsection (2) occur.
(2) A seat of a Member becomes vacant if:
(a) a Member who becomes a Member according to section 140, and that Member resigns from a political Party to join another political Party during the Parliamentary term; or
(b) a Member does not comply with section 140(4);
Section 142. Charge with vacation of seat:
(1) If and as soon as the Speaker has reason to believe that a Member’s seat has become vacant on the grounds set out in section 141, the Speaker must charge that Member with that vacation, and if the Legislative Assembly is then sitting must do so orally in the Assembly.
(2) If a Member other than the Speaker charges any other Member for vacation of his or her seat pursuant to section 141, the Member must in accordance with Standing Orders of Parliament do so.
