World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 

Qarase regime declared illegal


http://www.pcgov.org.fj
PEOPLE'S COALITION GOVERNMENT, FIJI

Qarase regime declared illegal Issue No: 535 1 March 2001

The full Fiji Court of Appeal, comprising 5 judges headed by Justice Sir Maurice Casey, today delivered a summary of a lengthy judgement on the regime's appeal against the High Court decision that the 1997 Constitution is still the supreme law in Fiji.

The summary stated that the appeal was transformed into a rehearing of the case given the massive volume of evidence produced for the court.

The court also stated that it had examined the alleged perception of the indigenous Fijians on their understanding of the electoral provisions and the 1997 Constitution. It stated that even if the election result were to be declared on the first-past-the-post count, the People's Coalition would still be the government. The court then stated that the regime had not provided any proof of the perception it alleged.

On the Constitution, it stated that the Court of Appeal owed its existence to the 1997 Constitution.

The Court further stated that Justice Gates was correct in stating that the doctrine of necessity can not be used to abrogate the Constitution, or validate the interim regime.

The court, however, stated that it is the law that a regime can be validated as legal if it has firm control and demonstrates acquiescence of the population.

Here, it said, the regime did not provide any direct evidence of acquiescence. It provided a lot of affidavits from officials but these constituted only evidence of passive acquiescence - that the executive arm of the country was functioning. The Court stated that in the context of Fiji, evidence of such passive acquiescence can not be accepted. It concluded that the regime has not proved that it has the acquiescence of the people generally. The burden of proof was on the regime. It then concluded that the court can not recognise the regime as a legal government.

The court then made its declarations that the 1997 constitution is still the supreme law of Fiji and was not abrogated; that the Parliament has not been dissolved and that it was only prorogued for 6 months till November, and that the Office of the President has been vacant since 15 December.

The full judgement will be posted on this site as soon as it is available.

Meanwhile, the Acting President will be having a press conference at 4.30pm today. Qarase has also scheduled his press conference for 4.30pm today. It is also believed that the top military officials are also meeting now.

END 1 March

© Scoop Media

 
 
 
World Headlines

 

Gordon Campbell: Is This Guy The World’s Most Dangerous Thirtysomething?

Saudi Arabia has long been regarded as a pillar of stability in the Middle East, and is the essential caterer to the West’s fossil fuel needs. It is also the country that gave us Osama Bin Laden, al Qaeda, and 15 of the 19 terrorists who carried out the 9/11 attacks... More>>

ALSO:

Non-Binding Postal Vote: Australia Says Yes To Same Sex Marriage

Binoy Kampmark: Out of 150 federal seats, 133 registered affirmative totals in returning their response to the question “Should the law be changed to allow same-sex couples to marry?”. More>>

ALSO:

Bonn Climate Change Conference: Protecting Health In Small Island States

The vision is that, by 2030, all Small Island Developing States will have health systems that are resilient to climate change and countries around the world will be reducing their carbon emissions both to protect the most vulnerable from climate risks and deliver large health benefits in carbon-emitting countries. More>>

ALSO:

Camp Shut Down: Refugees Must Be Rescued From Manus

On 31st October 2017, the detention centre on Manus Island in which the Australian Government has been holding more than 700 refugees was closed, leaving those living there in a desperate situation. More>>

ALSO:

EARLIER:

Rohingya Muslims Massacred: Restrictions On Aid Put 1000s At Risk

Amnesty: The Myanmar authorities’ restrictions on international aid in Rakhine state is putting tens of thousands of lives at risk in a region where mainly Rohingya people are already suffering horrific abuses from a disproportionate military campaign. More>>

ALSO:

 
 
 
 
 
 
  • Pacific.Scoop
  • Cafe Pacific
  • PMC