The High Court has refused and dismissed an application by Suva lawyer Tanya Waqaniika seeking a permanent stay of criminal proceedings against her, allowing the case to proceed before the Magistrates Court.

In delivering the ruling, the court examined the interpretation of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 and its relationship with Section 2A(c) of the Fiji Independent Commission Against Corruption (FICAC) Act.

The court considered whether the alleged conduct by Waqaniika amounted to illegal conduct pertaining to an election, which would fall within FICAC’s jurisdiction.

In its interpretation of Section 14(1)(d) of the Political Parties Act, the court explained that restrictions apply to public officers who publicly indicate support for or opposition to a proposed political party, a registered political party or a candidate in an election.

The court also clarified that the term candidate in an election includes independent candidates under Section 56(1) of the Constitution.

The judge highlighted that these restrictions are intended to protect the electoral process from interference by public officers and preserve the political independence of the public service.

The court noted that maintaining an independent and politically neutral public service is an important part of protecting democratic institutions and ensuring the integrity of elections.

Under Section 14(7) of the Political Parties Act, public officers who contravene the relevant provisions face a fine of up to $10,000 or imprisonment for up to five years.

The judge determined that the alleged conduct falls within the scope of Section 2A(c) of the FICAC Act, giving FICAC the authority to investigate and prosecute under Section 12A.

The court therefore refused and dismissed the notice of motion dated October 12, 2026, which sought a permanent stay of proceedings.

Following the ruling, Waqaniika’s legal team said they respected the court’s decision, although it was not the outcome they had anticipated.

They indicated that they would return to the Magistrates Court to continue the legal proceedings and work towards securing a new hearing date.

The matter is expected to return to court on Thursday, November 12.

The dismissal of the application means Waqaniika’s attempt to permanently stop the proceedings has been unsuccessful, and the substantive case will continue.

By: Litia Rabua