Suva Court. [File Photo]

A hearing date has been set in relation to the civil action filed by the Fiji Labour Party and Unity Fiji against the Parliament Speaker, Government and the Attorney General.

The matter was called in the Civil High Court today.

The case is in regards to the amendments to Section 116 of the Electoral Act 2014, via the Financial Management Act 2021.

The two parties are seeking a declaration that the provisions of sub-section (4C) and (4D) of Section 116 of the Electoral Act 2014 as inserted into the said Act by section 38 of the Financial Management (Amendment) Act 2021 is unreasonable, arbitrary and unfair.

They are also seeking declaration that these provisions are breaches of section 23 (1) and section 23(2) of the 2013 constitution being the rights to campaign freely prior to and during elections.

The two political parties are also seeking declaration that provisions of subsection (4C) and (4D) of Section 1166 of the Electoral Act 2014 as inserted into the said Act by section 38 of the Financial Management (Amendment) Act 2021 are unconstitutional and that it is invalid and unenforceable.

They are also seeking declaration that political parties and candidates for elections are not budget sector agencies or off-budget state entities and ought not to be compelled to satisfy such cumbersome provision of legislation warranted only for the budget sector agencies and odd budget state entities which are funded by and through the government.

They are seeking an order that the provisions of subsections (4C) and (4D) are unconstitutional and null and void.

The matter will be called for hearing on 27th September.