Bulitavu applies to have case struck out
September 7, 2021 6:20 am
The lawyer for MP Mosese Bulitavu has applied to strike out the legal action filed against his client by the SODELPA Leader.
Viliame Gavoka filed legal action against Bulitavu alleging breach of party directives.
Sushil Sharma in his submission to the Court of Disputed Returns this afternoon stated they want the case to be struck out and costs awarded to Bulitavu.
Sharma told the Court the case has been misconceived by Gavoka and SODELPA, having approached it in a selective process and having failed to disclose materials that would assist in the proceedings.
These include no evidence of the vote in parliament where Bulitavu is alleged to have voted against the party directives, as well as minutes of several meetings which were requested from the plaintiff.
Sharma also told the court that Gavoka entered a sworn affidavit as Party Leader and therefore would need prior approval from the management board to bring proceedings to court.
He told the Court, the ruling by the Speaker of Parliament on August 13th for the Party to take disciplinary action against Bulitavu, or to take the matter to Court, puts into disrepute the party resolution dated August 6th, stating members consented to institute legal proceedings against his client.
Sharma also argued that the minutes of the said meeting were not provided in the Plaintiff’s affidavit in reply, nor has it been submitted to court as requested, adding in the absence of the minute, the Court cannot conclude there was such a resolution.
There was no submission in reply by the lawyer for the plaintiff.
Chief Justice Kamal Kumar has stated the two issues to be addressed in this proceeding include whether there was a directive by the Party to vote against the National Budget and Bill 17, and if there was a directive, whether defendant went against it.
Justice Kamal will deliver his judgement on notice.