From the House by Pesi Fonua

Questions in parliament this morning once again failed to win any clarity from the Prime Minister on the salaried status of his jailed Minister of Infrastructure and Tourism.

No new ministers have been appointed to the portfolios held by 'Akosita Lavulavu, who started a five years jail sentence on Friday July 2.

'Akosita was still a Cabinet Minister when she appeared in the Supreme Court for sentencing.

People's Representative, Semisi Sika, asked what was the government’s decision on ‘Akosita Lavulavu after her imprisonment? He wanted to know what had been the PM’s decision on ‘Akosita?

This morning the PM’s response was simply that he “will stay with Clause 23 of the Constitution.”

He seemed to be sidestepping the issue of whether or not 'Akosita remained on his ministerial payroll and whether or not she still receives her salary from the House.

At the previous sitting of the House on June 29 the same issue was pushed aside, after Semisi Sika wanted to know if 'Akosita was still receiving her salary from the House.

Today, the Prime Minister told the House that if his decision is not in line with Clause 23 of the Constitution “You can sue me. We have an adviser . . . you can take me to court.”

The Acting Speaker said that he was given the same advice by the same legal adviser.

But what decision the Prime Minister and the Speaker were talking about could not be deciphered, as it appeared that they were indicating that 'Akosita is still a Cabinet minister and a Member of Parliament.

Meanwhile, Clause 23 of the Constitution on the Parliament's website does not allow a convict imprisoned for more than two years to hold office under the government, It states that:

Clause 23: Disabilities of convict. No person having been convicted of a criminal offence punishable by imprisonment for more than two years, shall hold any office under the Government whether of emolument or honour nor shall he be qualified to vote for nor to be elected a representative of the Legislative Assembly unless he has received from the King a pardon together with a declaration that he is freed from the disabilities to which he would otherwise be subject under the provisions of this clause. (Act 8 of 1961.).

On June 2, 'Akosita and her husband 'Etuate Lavulavu were both convicted of criminal charges of obtaining money by false pretences. On July 2 each was then sentenced to serve six years in jail, with the last year of 'Akosita's sentence suspended.

However, for the time being, it appears that the Prime Minister is not going to give her a red card.