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No court papers during sitting, Speaker rules

August 17, 2026 10:34 am

[Photo: File]

Court documents cannot be served on Members of Parliament inside Parliament while the House is sitting.

Speaker Filimone Jitoko made the ruling this morning after the High Court in Suva directed that Opposition MP Sanjay Kirpal be served court documents at the Parliament complex.

Jitoko says Section 5 of the Parliamentary Powers and Privileges Act prevents court processes from being served or executed within Parliament while the House is sitting.

He says the Speaker, Clerk or any parliamentary officer cannot be used to serve court documents on an MP.

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Jitoko stressed that the protection does not place MPs above the law.

He states that, MPs remain subject to the jurisdiction of the courts and can be served outside Parliament or when the House is not sitting.

The Speaker says the privilege belongs to Parliament as an institution, rather than to individual MPs.

Jitoko said the purpose of the protection was to safeguard the independence of Parliament and ensure court processes do not interfere with parliamentary proceedings.