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Fiji 1997 Constitution Still Valid

1997 Constitution Still Valid; Parliament Still In Being, Court Rules

Issue No: 202; 15 November 2000

The 1997 Constitution is still valid and in existence ruled Fiji's High Court.

In his judgment in the Chandrika Prasad case this morning, Justice Gates gave the following declaratory orders:

1.. that the attempted coup of 19 May was not successful;

2.. that the declaration of a state of emergency by HE the President on 19 May is declared valid ab initio on grounds of necessity

3.. the doctrine of necessity can not be used to abrogate the 1997 Constitution thus the 1997 Constitution remains valid; its abrogation was not valid or constitutional;

4.. the Parliament is still in being and the incumbents - the President, the Senators and elected members of House of reps - still hold office; status quo is restored;

5.. Parliament should be summoned by the President at his discretion but as soon as possible; and

6.. The Parliament is to appoint a Prime Minister under the provisions of the Constitution and that government will be the legitimate government of Fiji. Full details will be provided later.

END 15 November


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