Deputy Speaker Agafili Patisela Eteuati Tolovaa is keeping his distance from public debate about rebel M.P.’s who are threatening to form a new party.
He did not want to comment on statements that some government members would leave the ruling party. “It is very difficult for me to comment about that because there has been no official notification and it is not recognised as a political party.”
But, under Standing Orders of Parliament, he said that there are only two options open to Members of Parliament. If they are leaving a party they must sit the rest of the term as an independent.
Or, resign their seat and face a new election if they want to join a new party, he said. “It is very clear in the Standing Orders – under section 20”.
“Any member who ceases to be a member of a party under which he was notified as required by (2c) shall be recognised as an independent member for the rest of the Parliamentary term.
Explaining, he said that, “what it means – there are two things – if a person ceases to be a member of a party under which he entered into parliament under – the party secretary or party must inform the speaker that this person is no longer a member of their party.
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“Or the person that now wants to leave the party can inform the speaker him/herself.”
When that members leaves “he will be recognised as an independent member for the rest of parliamentary term”, said Agafili.
“Unless for example what is now – if a member of the ruling party hops to opposition he has no choice but to go back to the people and there will be a by-election.
“But if he leaves the party that he entered parliament in and does not associate him/ herself with any other political party there is no need for a by-election. “Once he associates or declares himself a member of the opposition party then the law states – go back to the constituency to have a by-election.”
Speaker of the House La'auli Leuatea Polataivao Fosi Schmidt had earlier been quoted by overseas media as saying that M.P.’s leaving government had to face byelections. La’auli was not quoted as stating the independent M.P. option.
Agafili said the section on independence came under the heading “Recognition of Parties at commencement of each Parliament – any group of members not less than 8 shall be recognised as a party in Parliament on its leader notifying the Speaker”.
In Section 20 of the Standing Orders Part 1, Agafili said “provided that the party is registered as a party by the electoral commission pursuant to section 15 (a) of the electoral act 1963”.
Various sources are quoting numbers ranging between three to five, of 37, are considering leaving the ruling party.
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