A one-man call… dictatorship at best

‘President’s powers need to be reviewed’
09/10/2008


Ousted Prime Minister Laisenia Qarase has admitted the country does not need a Constitution or any law if the President has so much prerogative to influence the judicial system in Fiji.

And according to Qarase, the High Court ruling today has been biased and influenced by the interim government.

“According to what has happened today, the court has given the President in my view very wide prerogative powers and if he has those kinds of powers then the question is whether there is any point in having a Constitution or having any law at all.

“The President can just rule by decree,” Qarase told journalists moments ago.

“I think they have gone overboard in explaining the powers of the President in terms of prerogative powers.”

Qarase said such powers by the President should be re-looked at seriously in future.

He added the decision by the High Court today will encourage future coups, because all the perpetrators need to do is get the President to validate their illegal actions carried out during and after the coup.

The panel of judges found that the President’s actions during the period in question were valid as there was no other course of action reasonably available.

“We find that the President’s actions were designed to protect a wide variety of competing interests,” Justice Gates said.

“The Constitution remained and remains intact and we therefore find the President’s actions to be valid,” the court ruled.

Furthermore the court upheld as valid and lawful:

•    the appointment of Dr Jona Senilagakali as caretaker Prime Minister and his submission that Parliament be dissolved;
•     the President’s decision to rule directly by promulgation;
•    the President’s power to promulgate laws and the decision to grant immunity to those behind or involved in the takeover.

Fijilive

37 Responses to “A one-man call… dictatorship at best”

  1. Save the Sheep Says:

    At least now the police commissioner has not got an excuse to proceed with an investigation into the treason allegations made by the SDL and co.

    The issue of FB “Stepping into the shoes” of the President, albeit ‘reluctantly’ needs and must be tried.

  2. sick of frank Says:

    What else do we have to put up with in this country? We didnt need 3 fading eager-to-please-frank and coup apolgists to tell us this piece of crap of a judgement. Hmm I wonder what their reward is? at least Gates will have his pick from the many in green at Albert Park tommorrow….. that was really sick thing to say but Im sure as hell sick of this Interim Govt and all the bullshit we hear these days. This judgement tops it all.

  3. judement day Says:

    This judgement is the biggest joke of the century!!

  4. EnufDictatorship Says:

    Having witnessed the invisible President cough and cough his way thru his speech during the much anticipated weekend celebrations back at home, one wonders how he can possibly hold his breath together to even think about making promulgations, decrees, mandates etc.

    And all these about him making these decisions in the best interest of competing interest, that is not the point here Judge Gates..the point is, Vore and his goons used their guns to steal the power they desperately want to have so they can enjoy numerous overseas trips they can’t afford on their own, back pays only they can justify to themselves, and the lifestyle they currently have bcos they were so damn stupid to do these things on their own.

    They have to resort to stealing from the hardworking citizens of Fiji.

    As for Judge Gates, dua mada e one-side taki koya..no class! no brains!

  5. Glawyer Says:

    This is the most bullshit judgement of all time….lets not forget that the idiot president issued a statement against the coup and Vore then made himself president….how then can these idiots say it was the presidents perogative since it was all Vore until they bullied that tottering old fool into complying with them? FU Gate you useless piece of sh#t along with your two other useless pieces of sh!t, we’re not idiots to believe that marathon coka that you took on TV.

  6. Soul of Fiji Says:

    RELEASE SPEIGHT AND ALL CRW SOLDIERS!!!!!!!!!!!! AS ALL COUPS IN FIJI ARE LEGAL ONLY IN FIJI

  7. Peace Pipe Says:

    Now that it is legal to carry out a coup (only in Fiji) we can get together and stage a coup of our own to topple the present ig and use this ruling to justify it all the way. Lets create the disturbance by threats and inciteful comments. And then go to the President and ask for his reversed power to sack the ig for sake of the country. Easy said then done but it would have be just so easy if we had the proper resources and best of all we could get away with it scot free.

    This is the blackest day for the judiciary and they have put this kangaroo court to eternal shame. Justice is dead with these clowns running the show. I knew it would come this way since all three judges are all known apologists of the pig. Ass saving exercise.

  8. ex Fiji Tourist Says:

    I believe that there has been no statements from foreign governments yet as they are still gob-smacked at the inane ‘judgement by injustice gates.

    This is the sort of judgement made in Zimbabwe to prop up the dreade magabe. Think of the number of judges who disappeared completely after giving any judgement slightly favouring magabe’s opponents. The judges in zimbabwe have been cowered into ruling for magabe

    The same has happened today in Fiji

  9. corruptionfighter Says:

    Hei bloggers

    Dont blame the judges – what else you expected – its time to call to BOOK Ratu Jone Madraiwiwi, the coward and frightened rat, who declined to give evidence as to what really took place and who were behind the President etc…the judgment is basically on the President – remember both the Presidient and the Dictator refused to appear before the court to be challenged – at least Qarase appeared and has now been contradicted by the court

  10. ex Fiji Tourist Says:

    Notice that the intimidation tactics of the illegal jaundiced junta have intensified this afternoon.

    TV shows fullchow warning people not to speak against the judgement as this will be ‘incitedul’.

    Following his biased and uneducated misruling today, injustice gates would rule that the real PM, Mr Q, can be charged with being ‘inciteful’ [ there is no such word in the English language ] as it was within president bernie’s powers to create such a word.

    Mr Q, Mick Beddoes and others will all be arrested soon on trumped up charges.

    The head of the Methodist church will also be visited by green goons.

    Fijians, my heart goes out to you.

  11. orion Says:

    What else do you expect from a judiciary stacked with iIG appointees. The road to appeal is even more questionable. We have the Court of Appeal and above it is the Supreme Court. Who else is the President of Supreme Court? Its Gates . So there is no hope of taking the legal road as has been suggested from day one. If they can illegally take over a legitimate government, what is influencing the courts for them. Just a piece of cake. So Qarase cannot take a single shot (legal) at the iIG and hope for victory. He has to take the fight on a much broader front as has been suggested in earlier blog sites. He is fighting the same game which is piss weak.

  12. ex Fiji Tourist Says:

    From ABC news

    Foreign Affairs Minister Stephen Smith says Fiji’s coup leader and interim Prime Minister, Commodore Frank Bainimarama, is the obstacle preventing the country’s return to democracy.

    Fiji’s High Court has ruled the military’s removal of the elected government in 2006 was not illegal under the country’s constitution.

    But Mr Smith says Commodore Bainimarama is standing in the way of holding fair elections.

    “Whatever he holds up as his excuse or his reason, it’s a breach of faith and it’s a lack of honour,” Mr Smith said.

    “He looked his colleagues, the leaders of the Pacific Forum, in the eye and said he would have an election and he is breaking that faithful undertaking if he doesn’t.

    “We continue to be of the view that the only thing that is stopping an election in Fiji is political will.”

    Ruling criticism
    Ousted prime minister Laisenia Qarase has criticised the High Court decision upholding the legality of the 2006 coup which removed him from power.

    In handing down the High Court judgement, Fiji’s Acting Chief Justice, Anthony Gates, said the military’s removal of the elected government of Laisenia Qarase and its support for an interim government was not illegal under the country’s constitution.

    Mr Qarase says the High Court has given legitimacy to military takeovers.

    “The judgement virtually gives you a passport to future coups,” he said.

  13. Mark Manning Says:

    I’m really shocked to get home today and find the court case went the way it has , yet I’m not surprised either .
    Think about it !
    How can a judge taking up an illegal appointment under an illegal regime , possibly vote any other way .
    Had Gates found in favour of Qarase , then Gates would have put himself in line for a jail sentence .
    So it’s true what they say , no honour amongst thieves !
    Happy Fiji day for Friday everyone . I’ll be celebrating it in Sydney on Saturday .

  14. bainida Says:

    Well folks coups are legal in FIJI.

    Tomorrow, any officer can turn around to Franko and say “Hokay Franky, its all legal now, my turn to rule, piss off..bang bang bang, rataratarataratra!!!!!
    Kill Baini.
    The president is now dead, has been for a while.

    Us people havent seen the president, he hasnt addressed us, he does not exist.

    We are sick of this kind of president. No show, No Confidence in him.

    Down with the president!!

    Ai Arse Kayum too please, shoot him right between the eyes!!! B A N G !

  15. piggery Says:

    I was told from insiders that the president does not do any work at all, he doesnt go into his office at govt house.
    Also, he is only checked by military doctors.
    other doctors are becoming worried about him

  16. qase Says:

    Fiji is going to the dogs.

  17. qase Says:

    mmmmmmmmmm

  18. Billy Says:

    Absolutely mind boggling ..the rule of law is null and void, coz a coup, the mother of all crimes, is legal. Did they have to drag a nation down with them to cover each others asses? Imagine how the old fart has been given the breath of life. Well gates, Pressie, Vore, IG, et al, I will hold you accountable for the state of the nation from here onwards. Blood be on your heads!

  19. corruptionfighter Says:

    Where is Ratu Joni ?

  20. Jean d'Ark Says:

    The Fiji Court has invented a legal absurdity with these so-called perogative powers!

    The ruling mentioned “good governance” a couple of times, but these perogative powers are the absolute antithesis of good governance – an example of circular logic that removes ALL lines accountability to the people or anywhere else.

    It is also a legal hand-grenade tossed into the midst of the common law nations! If I were someone like Michael Somare, or any of the African leaders, I would act immediately to specifically outlaw perogative powers! Otherwise any tinpot Mugabe-wannabe can just conduct a coup, drug and isolate the President, and then ex poste facto invoke his “perogative powers” to consolidate the revolution! This must be Fiji’s revenge against the Commonwealth for suspending us!

    This ruling has thrown Fiji to the dogs and I can’t wait this piece of lame-brained tunnel-vision to be brought before a competent Supreme Court!

  21. Jean d'Ark Says:

    Well – at least this ruling proves one thing! We were waiting to see if Fiji’s Court system could still deliver justice post-coup, and whether any of the Judges who sat themselves on the case had any shred of integrity or impartiality left.

    Now we know!

  22. Billy Says:

    With you in spirit Tui, wear black wherever you go pliz even at home.

  23. painter Says:

    @ Tui – if I were beside you, I’d give you slap right now! Get a grip! Are you drunk or what!

  24. Tui Says:

    I am your call from the wilderness, Tui, I call on you my people from the wilderness. Mobilize, Mobilize, I will shut down Nabua roundabott, please call Fiji One, Fiji Time, Daily PostRadio Fiji, Navatarang, Legend Fm the whole works. IU will be wearing black because I will morn for Fiji!!

  25. Tui Says:

    Are there any Fiji One camera peple there now?
    Because I, going there noewto they can cloce the fuckin steete now!!! I dont give a fuck…

  26. Tui Says:

    Peceli and SDL folks, think of me. God Bless Fiji.!!

  27. painter Says:

    Fine, be a drama King, u won’t be getting a medal.

  28. Tui Says:

    Peceli and Navi where is everyboby, I have just been protesting at the back of the Nabua Police station. Ok so not many people noticed. Saki, and Fiii TV people, come out in front of Nabua chemist shop, on Friday, morning, I will be there with my family, if we get arrested, so be it. What are you people doing!
    Come and join us for democracies’ sake!!
    God bless Fiji.!
    See you on the other side.

  29. Tui Says:

    Peceli. OB, I’m asking you as a an old Marist Boy, my family and I will be taking that extra step tomorrow, I leave my job my, life and those I hold dear on the line, please head my call, I will b there with my family, we will make a stand tomorrow. In the vicinity of Nabua and Ratu Sukuna High School. If any media people are out there, please be around the RMS complex AM on Saturday!
    Please help us.
    Tui.

  30. Tui Says:

    Sorry it’s AaM Friday! Friday a.m we will assemble in front of RSM High School. Please join us as we begin the massive uprising of the people of this nation we call Fiji.
    God Bless Fiji.

  31. Tui Says:

    SV please take this message seriously, I have been making this call for a long time. help us bro!
    Tui.
    Friday, in front of RSMS, A.M…….

  32. Ablaze Says:

    @corruptionfighter – you ask; “where is Ratu Joni?”

    The good honest chief is in Brisbane as chief guest to the Fiji Day Celebration and very much appreciated. He will be received and treated like the high chief he is by the Fijian community in Brisbane. Deservingly so!

    Why would he waste his time and give evidence to Qarase’s case when the outcome shouldn’t have being a surprise to all of us.

    I thank Qarase for having the guts to take the Regime to court in the first place. The result was another proof that Fiji has no consitution and is under Military Law with Bainimarama as dictator.

  33. Ablaze Says:

    Please Tui think about what you are doing and ask yourself whether it is worth it. Remember we are dealing with a bunch of lunatics who are drunk with power but really are big lamu sonas. Take the guns away from them and they are nothing but a bunch of wankers.

    Whoever celebrates Fiji Day is a loser – Fiji Day was when we got our Independence! What Independence when we have been robbed of our freedom of choice etc etc etc etc!

    Let the wankers celebrate their stolen power!

  34. Katalina Balawanilotu Says:

    Dina iko Tui. Na gauna nida vosa wale tikoga sa oti.

    The power rests with the people IF the people are willing to take back what is theirs by mass uprising. There will be lives lost and That is usually the way it goes. At least you will have not died in vain You will have died heros. Heros who put their lives on the line to ensure your grand children live in a Fiji that is free. The world over have shown that it is the only type of resistance that works in the medium and long term.

    Me ratou qai kidacala ga sa ra toso na lewe ni vanua udolu vaka udolu. That will wipe them out. Harp and make noise here is fine so as to give the impression that it is just all talk while at the same time the movement is building momentum underground.

  35. Katalina Balawanilotu Says:

    Go for it and God bless you for your courage.

  36. Katalina Balawanilotu Says:

    Mark, I am still waiting for SV to pass along your email address. Let’s give it a few more days and then I will try another approach. Do you have any ideas?

  37. Orisi Qaranivalu Says:

    Agreeing with Tui. Why wait for underground movement to build up momentum though. The church is there to mobilize mass participation. Bainimarama is a Dictator. The sooner real resistance takes place the better. And if you then kick in the idea of prank calls to the Police Station and Military camp at the same time that will distabalize their communication service. The power is the people’s. We are a 800 thousand+ strong versus their 3,000+ There is no contest. Guns or no guns. What they are counting on everyday is our fear. They bank on our fear to further their agenda. Do we let them?

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