Solomons Sir Allan Kemakeza stands by his re-election
Updated
The re-elected member of Parliament for Savo/Russells in Solomon Islands, former Prime Minister Sir Allan Kemakeza has maintained that according to legal advice, his election was proper. He collected nearly half of last Thursday's votes contested by eight candidates to win the by-election. Sir Allan was disqualified as an M-P after he was given an 18-months prison sentence in September last year. The Chief Justice, Albert Palmer had sentenced Sir Allan on charges of demanding with menaces, intimidation and simple larceny. 12 months of the sentence had been suspended - so Sir Allan only served six months and was released in January this year. The Electoral Commission had written to the Returning Officer, alerting him of provisions in the Constitution, and that Sir Allan should be disqualified from contesting the by-election. But Sir Allan told Pacbeat that acccording to legal advice, he's duly elected and will take his oath of office on November 12th.
Presenter: Sam Seke
Speaker: Former Solomon Islands Prime Minister and re-elected MP for Savo/Russells, Sir Allan Kemakeza
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KEMAKEZA: Before I make an attempt to put my nomination to the electoral office, I sought a legal clarification from my a lawyer, which is from the Sol Law that his opinion I should be qualified to contest the by-election. By receving that legal opinion, I then put in my nomination and subsequently been accepted by the Returning Officer.
SEKE: But Sir Allan, you have been sentenced to 18 months imprisonment, six of which you have served and 12 months suspended. I mean under the law, they should you should not be eligible to contest the by-election, so what is the legal point that you are putting out here?
KEMAKEZA: Eh look Sam, I am not a lawyer by profession. I am a police by profession and of course politician. I cannot speak on the legal issue, but I did seek legal advice before I even made an attempt as I said to put in my nomination. The fact that the Returning Officer accepts my nomination, that to me is that I am qualified to contest. Let alone the advice from the chairman of the Electoral Commission who was in the first place informed the media as it turns out from one of our local newspapers that I am free to contest, but subsequently, seven days before the people of Savo/Russells goes to the polls, I was being informed that I should be disqualified. However, the returning officer said that I am qualified, so that is the position from the legal point of view. On the other side, for me, I leave it to my lawyer to take it further.
SEKE: So are you prepared for any election petition that is likely to come up in the High Court?
KEMAKEZA: I leave that process to go ahead and I cannot pre-empt these events. I am dually elected and declared, confirmed by His Excellency, the governor-general and I am waiting to take my oath of allegiance on 12th of this month and then I will go ahead and represent my people in the Solomon Islands national parliament, that is my position.
