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Registrar of Political Parties v Fiji First [2025] FJHC 669; HBC318.2025 (16 October 2025)

IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

CIVIL CASE NO: HBC 318 OF 2025

BETWEEN:
THE REGISRAR OF POLITICAL PARTIES
OF 59-63 High Street, Toorak, Suva, Fiji Established under the Political Parties (Registration,
Conduct, Funding and Disclosures) Act 2013
PLAINTIFF

A N D:

FIJI FIRST

a political party registered in Fiji Pursuant to section 10 of the Political Parties
(Registration Conduct, Funding and Disclosures) Act 2013 having its head office at 96 Brown
Street, Suva, Fiji.

DEFENDANT

Counsel: Mr. N. Prasad for the Plaintiff

Date of Hearing: 03rd October 2025

Date of Ruling: 16^th October 2025

RULING

1. The Applicant filed this Originating Summons on the 19th of September 2025, seeking the following orders:
   
   1. The Respondent be wound up and dissolved as a political party by this Honorable Court.
   2. The Office of the Official Receiver be appointed as Receiver.
      
   3. A list of assets and liabilities of the Respondent be submitted within 21 days from the date of service of this order.
      
   4. The Respondent be prohibited from disposing of any property and assets which are registered under its name.
      
   5. The Registrar of Tittles be prohibited from registering the transfer of any real property belongings to the Respondent unless endorsed by the Applicant; and
      
   6. Such further or other reliefs in aid that this Honorable Court deems just and expedient in the circumstances.
      
2. Alongside the Originating Summons, the Applicant filed an Affidavit by Ms. Ana Salaivalu Mataiciwa, the Supervisor of Elections and Registrar of Political Parties, detailing the factual background of this application. The Respondent neither filed any acknowledgement of service nor appeared in Court. The Court heard the oral submissions of the Learned Counsel for the Applicant on 3^rd October 2025. Additionally, the Learned Counsel for the Applicant submitted written submissions.
   
3. This application was made under Section 28 of the Political Parties (Registration, Conduct, Funding, and Disclosures) Act, which states:
   
   1. The Registrar shall, upon the deregistration of a political party or its declaration as a prohibited organization under any law, make an application to the High Court for the winding up and dissolution of that political party, and the disposition of the property, assets, rights and liabilities of the political party.
      
   2. The High Court shall make such orders as it may deem just and equitable in the circumstances of the case.
      
4. Therefore, the Registrar must apply to the High Court to wind up and dissolve the political party once it has been deregistered.
   
5. Ms. Mataiciwa, in her Affidavit in support, detailed the sequence of events that led to the deregistration of the Respondent and the appeal filed by Hon Alvick Maharaj under Section 30 of the Political Parties (Registration, Conduct, Funding, and Disclosures) Act, which was subsequently withdrawn by Hon Alvick Maharaj on 27th January 2025.
   
6. Therefore, the Court is satisfied that the Respondent Political Party has been deregistered, and no appeal is pending against the deregistration before the Electoral Commission. Consequently, the Registrar is now required to make this application for an order to wind up and dissolve the Respondent and to dispose of the property, assets, and liabilities of the Respondent.
   
7. Considering the reasons discussed above, I make the following orders:
   
   1. The Respondent is being wound up and dissolved as a political party.
      
   2. The Office of the Official Receiver is appointed as the Receiver.
      
   100. A list of assets and liabilities of the Respondent must be submitted within

21 days from the date of service of this order.

4. The Respondent is prohibited from disposing of any property and assets

registered in its name.

5. The Registrar of Titles is prohibited from registering the transfer of any

real property belonging to the Respondent unless endorsed by the Applicant.

...................................................

Hon. Mr. Justice R. D. R. T. Rajasinghe

At Suva
16^th October 2025

Solicitors:
Mitchell Kyle for the Plaintiff.