Another Constitutional Case To Be Filed Today

Issue No: 623 23 March 2001

The legality of the Qarase regime is being challenged again in the Courts.

An application to be filed today in Suva argues that the Qarase group has been illegally given the political leadership of the country. The claim is that the group was appointed contrary to the provision of the Constitution.

A vast majority of Fiji's citizens, together with NGO's, pro-democracy political parties, as well as other nations, including the USA, have condemned the subversion of the Court decision by the Qarase gang. The effect of the ill advice to the then Acting President, and to the President after he was sworn in, is that the decisions in effect constitute contempt of court.

The regime and its supporters are now jumping on the bandwagon of chiefly authority and argue that people should not question the decision of a high chief, however unlawful the decision may be. Some others within the scope of the regime are now claiming that legal redress will not help resolve the matters and are calling for dialogue. But these same people refused to dialogue or recommend dialogue when Qarase and his mob utilised the force of might to get into power, began squandering public funds, and then cling on to it without even an ounce of respect for law. When the oppressed seek the only relief they have in civilised societies, those endorsing the regime now call for reconciliation and dialogue.

Legal experts believe that the Qarase regime will again be declared illegal by the Court. Some have even suggested that instead of taking the matter to the High Court, the matter should go straight to the Supreme Court as a legal reference. Whether this is possible procedurally is not known as yet.

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