Tuilaepa Sailele Malielegaoi also thinks that Fiji’s soldiers should be given a “holiday” from serving with the UN.

Tuilaepa who’s in Australia for a week-long visit, made the comments in Melbourne today.

The Samoan prime minister also says that he would not have a problem with a visit from fugitive Fijian, Ratu Tevita Mara.

Ratu Tevita fled to Tonga rather than face charges of sedition.

In a public address on YOUTUBE, Ratu Tevita stated he will tour the region to give his version of events in Fiji.

Pacific Beat asked him if he would welcome a visit from Ratu Tevita.

Presenter: Geraldine Coutts
Speaker: Tuilaepa Sailele Malielegaoi, Prime Minister of Samoa

TUILAEPA: I don’t see any problem there. I have been talking a lot about the situation in Fiji and I believe and still believe that the Fijians will eventually solve the problem and I think this is one of the processes towards that solution and I sincerely hope that when it comes, that it comes peacefully.

What I hear from Tevita seem to suggest that as it happens in dictatorships, eventually common sense will prevail and people be keen to realise that they have to solve their own problems themselves. It has happened in many, many country. It happened in Vietnam. It happened in Indonesia way back in 1967 with much instability brought up by the Communists in Indonesia. And, of course, Indonesia has solved its own internal political problems and I believe that that will happen also in Fiji. Eventually people will come to realise that the dictatorship was wrong and I do hope that they will solve it peacefully one way or another.

COUTTS: But Ratu Tevita Mara would be welcome in Samoa?

TUILAEPA: I don’t see any problem why we should not.

COUTTS: Some are saying, and I wonder what your attitude is, that they feel that Ratu Tevita should go home and face the charges?

TUILAEPA: I think he has already made his decision that he will. One must remember also that when you talk about justice in Fiji, the only kind of justice that can be taken very seriously is justice where the rule of law prevails under democratic system. There is no democracy in Fiji and I cannot believe that justice as we know it can be metered out so when we talk about Tevita going back and face justice that means justice when the proper political system of democracy exists in Fiji. Therefore, I don’t think he will get a fair hearing now and I tend to agree that Tevita is proposing to do it at the right time.

COUTTS: How do you know that if you haven’t spoken with him?

TUILAEPA: Well, you have just mentioned it and I’m only responding to your comments. It is a situation that is extremely funny, funny in the sense that we have a country that a dictator seized and set aside its Constitution which is the highest law of the land and therefore it is ridiculous for a dictator who does not recognise the need for a Constitution who breaks all the laws of the country should be keen to talk about justice. And therefore if anybody were to talk about bringing Tevita into face justice the Commodore should be the last person to push for that.

COUTTS: Well, what steps do you think should be taken now? Others are calling for Australia and New Zealand to do away with the sanctions that they’ve got in place at the moment, because they say it’s not working, mainly because of the duration, the continuing situation?

TUILAEPA: All those people who called for that, including the academics in Lowy Institute are ignorant of the political reality in the Pacific. They’re also ignorant of the social aspects of life in the Pacific. You see that kind of view of looking at the Pacific in those terms is being dominated by the situations in Africa, where you’ll find hooligans roaming, killers, murderers, roaming the countryside and killing people who go out. The villagers who try to make a living out of the land. There is no such thing in the Pacific. In the Pacific, we grow our own food. There is no hooliganism and we have plenty of bread fruits, plenty of taro, plenty of food from the sea to eat. So what goes in the government may not be affecting the people in their ordinary lives. They still have plenty to eat, except of course the odd one who gets a job who may be deprived of cash revenue, regular wage to buy such necessities such as bread, an occasional one, but you can of course grow your own food and that is when the ordinary people may take a long time to realise that things are impacting on their lives and to me, the sanctions are not enough to shake the people, to realise that the kind of government that is ruling their lives is not the right one. It is causing havoc, the treasury is empty and the government is extending its illegal activities into the use of national provident fund and that is why the Commodore has been trying to travel overseas to try and see if there are governments that may extend credit to pay for the military. Because so far as he has money to pay for the military, he’s OK. But the reality of the situation is dawning on the Commodore that the business of running a country is not as simple as he thought it to be. So to me the sanctions should be increased.

COUTTS: How so?

TUILAEPA: This is to ensure that the government is pressured.

COUTTS: What kind of sanctions would you like to see imposed?

TUILAEPA: I can only mention the sanctions, because the sanctions are already applied at this stage. I am merely responding …

COUTTS: Are you calling for additional ones, are you calling for additional ones?

TUILAEPA: I am only responding to the comments that the present sanctions should be removed. I think that is a very stupid view.

COUTTS: OK, but do you think there should be additional sanctions?

TUILAEPA: There should be additional sanctions. The reason is so that once the people realise that the sanctions are making their lives difficult, then it will motivate them to take the necessary action. We must always remember that in the islands, almost everybody is related to everybody else. There are ordinary people whose sons are serving in the army and those sons are not oblivious to the deprivation that may come and in cases where cash is required. But in as far as food is concerned, there’s no problem on that.

COUTTS: But what additional sanctions do you think should be imposed?

TUILAEPA: Well at present, there is travel. There has been much talk about the international organisations to become more and more involved as well as Great Britain. I am thinking of the situation where some kind of international action can be made to give a compulsory holiday to Fijians serving in the United Nations army. So as a kind of hit back to the Commodore that if you do not see your way clear, then there are many, many other different kinds that can be invoked.

COUTTS: Tuilaepa Sailele Malielegaoi, thank you so much for coming to Melbourne and joining us on Pacific Beat today. Thank you.

TUILAEPA: Thank you very much.

http://www.radioaustralia.net.au/pacbeat/stories/201106/s3244756.ht

Mo qaqa tiko keimami na tu vata kei kemuni

Sources say prisoners at Naboro maximum security are being moved because of a massive breakout rumor.

Prison officers are said to have been working overtime in the last week to move prisoners to other locations.

A prison officer has told us they were directed to empty the maximum prison because the army will also be carrying out mass arrests very soon and that all political prisoners will be kept at Naboro.

It’s believed allocation has been made for 50 prisoners and that they may include:

1) Former SDL ministers
2) FLP members
3)Trade Unionsts
4) Ex Army and Police Officers
5) Youth leaders
6) And a few chiefs

The rumoured breakout, if it happened would be a major threat, of course, to the illegal government of Frank Bainimarama.

Intel sources believe there is a very strong possibility the 300 3FIR soldiers deployed just today have only been chosen from Tailevu/Naitasiri areas, allowing Brainimarama to build his inner circle.

Attempts are being made to access the list of 300 and to establish if there is a trend at play.

Intel sources also continue to relay there is a possibility the converging of so many soldiers in Suva will allow the dictator to remove the illegal President, Epeli Nailatikau, and detain anyone who tries to move against him.

TO: THE PEOPLE OF FIJI-THE PEOPLES POWER FROM: SAVE FIJI MOVEMENT-NA DOMODA NA LEWE NI VANUA TAUKEI KEI VITI THE TIME TO CRUSH BAINIMARAMA AND ,HIS ILLEGAL CABINET AND MILITARY GOVERNMENT IS HERE NOW. THE PLAN OF GOD IS NOW AT HAND Dear People of Fiji: God has spoken; Egypt’s Dictator Hosni Mubahrak was crushed by the people’s power after 38 years of dictatorship, corruption and stealing national wealth. Turnisia’s PM was removed by the people’s power, after 14 years of bribery, dictatorship and corruption. Libya leader Colonel Kaddafi is hiding in a rat hole and he is going out he is no longer in control after 42 years of genocide, corruption, murder and stealing billions of dollars from the national treasury. Baharain, Saudi Arabia, Iran are on the peoples power radar and Fiji Bainimarama and Khaiyum are the next to fall. There is never ever in the history of Fiji to witness and see the fast growing spectators of our youths, families, friends and relatives that participates in face book and blogs conversing and making intelligent, professional and angry comments against the spirit of anti-christ Khaiyum Muslim Taliban AG and the spirit of Lucifer Frank Bainimarama. Our record, according to our underground data shows 300,000 pure citizens of Fiji are hooked up on the face book 24/7.The mighty wave of “THE PEOPLES POWER “is rising on the horizon. We are saying we are sick and tied of Khayum’s demonic and Bainimarama’s satanic spirit of oppression, treason, intimidation, corruption, abuse of power, fraud extortion, embezzlement of national funds and nepotism. WE THE PEOPLE ARE SAYING ENOUGH IS ENOUGH. WE ARE ORGANIZING OURSELVES AND WE ARE CONNECTING OUR FACEBOOK INTO EVERYHOMES, OFFICES, CHURCHES, GOVERNMENT DEPARTMENTS, POLICE STATIONS, MILITARY CAMPS, UNIVERSITIES AND SCHOOLS. OUR TIME TABLE TO GATHER IN UNITY FOR A GRAND SHOW DOWN IS PUBLIC NEWS. ANYONE CAN SEE THE PLAN OF THE BIGGEST EVER MARCH IN THE HISTORY OF FIJI. God has spoken and his fulfilled action plan and prophecy is overflowing with results in the middle east. The “People Power” for Fiji is here the action plan, is a GRAND MARCH” through the city with placard “GOD IS GREAT FIJI IS FREE” “FRANK AND KHAIYUM OUT” “RFMF DEAD FIJI ALIVE” ‘ILLEGAL MINISTERS TO THE GALLOWS” “FLEE WHILE STILL LIVING” The “Peoples Power” through peaceful demonstration and march through the city this FRIDAY March 4th from Sukuna Park, is our act of obedience to God Almighty to save the future of our generation and our country. The Spirit of God Almighty is calling us the “People of Faith,” to declare war against the Demonic Dragon and the Snake Beast of Satan headed by an Alkaida Muslim spirit of Anti-Christ[AG] and a 666 Damnable spirit of Lucifer [PM Bainimarama]that is ruling and running our beloved country to economic ruin and social and cultural disaster since 2006. SAVE FIJI MOVEMENT is creating this second underground hit message for the “People of Fiji “to stand up united under one belief, under one spirit, under one faith and under one God Jehovah to come all together as one on a well organized, smooth and informed “PEOPLE’S NATIONAL MARCH” to REMOVE THIS REGIME TAKE EACH ILLEGAL MEMBER OF GOVERNMEN TO JUSTICE AND TO PREPARE THEM TO LIFE IMPRISONMENT. 2 Peter 1:(5-10) “For this reason make every effort to add to your faith goodness, and to goodness, knowledge, and to knowledge, self-control, and to self control,perseverance, and to perseverance, godliness, and to godliness, brotherly kindness and love. For if you possess this qualities in increasing measure, THEY WILL KEEP YOU FROM BEING INEFFECTIVE AND UNPRODUCTIVE IN YOUR KNOWLEDGE OF OUR LORD JESUS CHRIST” WE ARE THE CHOSEN PEOPLE CALLED BY GODTO MARCH THE SREETS OF SUVA TO SAVE OUR CHILDREN OUR PEOPLE AND OUR BELOVED FIJI. WE MUST BE EFFECTIVE AND PRODUCTIVE. WE MUST DESTROY SATAN AND THE DRAGON BEAST OF THE DEMON THE COMMANDER, THE MILITARY AND AG. DO YOU WANT THIS ILLEGAL REGIME AND DICTATOR FRANK BAINIMARA TO CONTINUE AND TO FURTHER RUIN AND DESTROY OUR LAND AN DRESOURCES ? LOOK AT WHAT HE HAS DONE? HE BORROWED $300M-$700M FROM THE EXIOM BANK IN CHINA. THE PEOPLE WILL PAY THE LOAN AFTER 5 years AT 3% INTEREST. HE INCREASED VAT BY 15% DISREGARDING THE POOREST OF THE POOR HE INCREASED: BUS AND TAXI FARES, WATER BILLS, ELECTRICITY, TELEPHONE, MOBILE, FOOD, SCHOOL FEES ETC. HE MADE MORE PEOPLE UNEMPLOYED, SOME STAY AT HOME WITH NO JOBS. THIS WILL INCREASE PROSTITUTION, CRIME, UNWANTED FAMILY BREAK UP AND OTHER SOCIAL ILL. HE TERMINATED OUR BASIC HUMAN RIGHTS TO ASSEMBLE AND TO SPEAK. HE SOLD OUR NATIONAL ASSETS PUT TOGETHER BY OUR FOREFATHERS SUCH AS VITI CORP, REWA DAIRY, GOVT PRINTING ETC AND SOLD IT TO THE MUSLIMS. HE SOLD OUR LAND TO FOREIGNERS LIKE A PROSTITUTE. HE BROUGHT FOREIGNERS WHO ARE FLY-BY-NIGHT CONSULTANTS BEING HIRED BY TFL, FHL, TOURISIUM, INFORMATION, WATER AUTHORITY, ROADS, AND TRADE SIPHONNING MILLIONS OF DOLLARS IN TAX PAYERS MONEY WITH NO POSITIVE RESULTS. HE SACKED SENIOR CAREER CIVIL SERVANTS WITH NO VALID REASON OR EXPLANATION AND PUTTING MILITARY OFFICERS TO DO A JOB THEY ARE NEVER QUALIFIED TO DO HE ODERED THE KILLING OF CRW SOLDIERS HE ORDERD THE MURDER OF CIVILIANS DURING THE 2006 COUP HE ORDERED THE BURNING OF SEVERAL HOUSES IN SUVA USING POLICE OFFICERS & SOLDIERS. HE ORDERED THE BREAKING OF HOUSES AND PRIVATE VEHICLES OF FIJI TIMES EDITOR, NETANI RIKA & QARASE’S LAWYER, TEVITA FA. HE ORDERED DECREES TO BE DONE WILLY, NILLY BY AG WITH NO CONSULTATION. HE TOOK $300 MILLION OF SUPERANNUATION FNPF FUNDS TO PAY GOVERNMENT WORKERS AND TO PAY GOVERNMENT OPERATION EXPENSES. HE ORDERED FHL CEO SEREANA QORO TO BE PAID $200K AS GOODWILL TO KEEP QUITE. SHE ABUSED POWER THROUGH NEPOTISM RECRUTED HUSBAND AND DAUGHTER TO WORK IN FHL OFFICE WITH $160K HE FED THE NATION WITH LIES ON CHINA INVESTMENTS WHEN WE ARE PAYING TO CHINA WHAT WE BORROWED $200M IN 5 YRS TIME. THE CHINESE MONEY GOES BACK TO CHINA THEY BRING THEIR OWN PEOPLE AND THEIR OWN MATERIALS. HOWEVER OUR CHILDREN WILL PAY THE LOAN NOT HIM. HE MORTGAGED FIJI I TO ADB, IMF, CHINA EXIOM BANK, MALAYSIA WE ARE NOT IN CONTROL OF OUR LAND ANYMORE THAT IS WHY RESERVE BANK GOVERNOR RAN AWAY. HE KNEW OUR RESERVE IS INSUFFICIENT HE HAS BEEN FEEDING US WITH LIES. HE BROUGHT JOHN PRASAD THE FORMER PS FINANCE. HE LEFT FIJI FOR GOOD TO COLLECT AND PREPARE FOR THE OVERSEAS PAYOUT FROM OVERSEAS ACCOUNTS TO PM, AG AND REDDY FOR WATER AUTHORITY CONTRACTS , ROADS AND OTHERS. HE BROUGHT SON IN LAW SOROVAKI TO RUN FRU AND HIS BROTHER IN LAW THE MUDERER TO BE NAVY COMMANDER KEAN. HE BROKE THE LAW BY DISCRIMINATING OTHERS WHO ARE STILL SERVING LIFE IMPRISONMENT. HE PROMOTED OWN DAUGHTER LITIANA BAINIMARAMA THE LEAST QUALIFIED WITH NO EXPERIENCE BEING GIVEN THE CEO POST FOR THE FIJI SPORTS COUNCIL WITH A SALARY OF $120,000 DESPITE THE HIGHLY QUALIFIED APPLICANTS WITH EXPERIENCE.THIS IS FILIPE BOLE’S ILLEGAL SPORTS MINISTER RECOMMENDATION. HIS GIFT TO PM TO MAKE HIM STAY ON FOR ANOTHER TERM. HE APPROAVED THE FOLLOWING PAY AS FOLLOWS TO HIS ILLEGAL REGIME BECAUSE HE IS PSC MINISTER. ILLEGAL PRESIDENT – $300,000 ILLEGAL PM-WITH 5 PORTFOLIO’S AND COMMANDER – $700,000/ANNUM ILLEGAL AG-WITH 6 PORTFOLIO’S – $640,000 ILLEGAL MINISTER OF EDUCATION – 2 PORTFOLIO – $300,000 ILLEGAL MINISTER FOR LANDS – $180,000 ILLEGAL MINISTER FOR WORKS;2 PORTFOLIO PLUS NAVY POST PAY-$185,000 ILLEGAL MINISTER FOR LOCAL GOVERNMENT – $158,000 ILLEGAL MINISTER FOR FOREIGN AFFAIRS – $160,000 ILLEGAL MINISTER FOR HEALTH – $160,000 ILLEGAL MINISTER FOR WOMEN – $138,000 ILLEGAL SOLICITOR GENERAL – $150,000 ILLEGAL CJ – $180,000 ILLEGAL JUDGES $140,000 ILLEGAL MAGISTRATES $130,000 ILLEGAL PS-$120,000 ILLEGAL COMPOL AND COMMISSIONER PRISONS-$138,000 CEO AIR PAC-$240,000 ILLEGAL CONSULTANT AND AG ADVISOR[AUNTY] BDO NUR BANO ALI AND HUSBAND ZARIN KHAN-$800,000 ILLEGAL CEO FNPF-$230,000 ILLEGAL CEO GOVT STATUTORY BODIES-$148,000 CEO FHL -$650,000 CEO FBCL-$130,000 TOTAL EXCUTIVE GOVERNMENT PAY FROM TAX PAYERS MONEY-$8MILLION/YEAR The illegal Commander and PM Frank Bainimarama, Aiyaz Khaiyum AG and the illegal cabinet is our enemy. They have destroyed our land and they have ruined our future by bringing the snake devil of alkaida to destroy the plan of God for our people and our future, removing the people’s god given possession in their land of inheritance. This government has turned truth and justice into bitterness and morality into chaos and decay. We want this government removed and all of them be brought to justice and jailed for life. ACTION STRATEGY & SOLUTION Operation: VUETI VITI Strategy: MARCH THROUGH SUVA FROM SUKUNA PARK Date: Friday March 4th 2011 WE THE PEOPLE OF FIJI NEED TO SHOW OUR POWER TO SAVE FIJI. WE NEED TO RISE UP AND STAND TOGETHER. UNITED AS ONE PEOPLE READY TO GO TO BATTLE TO ERADICATE AND REMOVE THIS TRECHEROUS DICTATOR BAINIMARAMA AND HIS TEAM FROM POWER. WE CAN SAVE OUR COUNTRY BECAUSE WE CARE FOR OUR FAMILY AND THE FUTURE OF OUR CHILDREN.WE THE PEOPLE HAVE THE POWER IN OUR HANDS TO CRIPPLE THE GOVERNMENT MACHINERY BY SLOWING DOWN THE PROCESSES OF LEADERSHIP AND CLOGGING THE CHAIN OF COMMAND THROUGH CONFUSION. WE HAVE THE ABILITY THE PROFESSION AND THE SKILLS TO COMPLICATE THE GOVERNMENT DECISION MAKING PROCESSES BY WASHING OUT ALL VITAL INFORMATION WITH THE INTRODUCTION OF VIRUS IN ALL THE GOVERNMENT COMPUTER PROGRAMMES. WE HAVE THE ABILITY TO IMPLEMENT A WORK TO RULE ATTITUDE WHERE WE CAN CALL IN LATE OR BE ABSENT FROM WORK DUE TO SICKNESS. WE HAVE THE POWER TO PUT THE PM OUT FOR EVER BY GIVING HIM WATER OR DRINK THAT IS FULL OF SEDITIVES OR FOOD THAT IS FILLED WITH WICKED PLEASURES. WE HAVE THE NETWORK TO SEND THIS MESSAGE TO EVERY CITIZEN IN OUR LIST. WE HAVE THE KNOW HOW AND THE CONTACT TO SPOIL GOVERNMENT PLANS. WE HAVE THE POWER TO STOP EMAILS, FAXES, DOCUMENTS FROM REACHING ITS DESTINATION.WE HAVE THE POWER TO STOP ELECTRICITY. WE HAVE THE POWER TO CLOSE WATER SUPPLY. WE HAVE THE POWER TO BURN THE RFMF CAMP TO THE GROUND.WE HAVE THE POWER TO DESTROY SUVA AND ALL ITS AMENITIES. WE HAVE THE POWER TO DRIVE OUR VEHICLES OVER THE ILLEGAL MINISTERS CARS. MUST STAND FIRM TOGETHER AS CHOSEN PEOPLE OF GOD TO FIGHT FOR OUR RIGHTS AND THE RIGHTS OF OUR CHILDRENS.WE MUST ENCOURAGE AND MOTIVATE EACH OTHER THROUGH NETWORKING INTERNATIONALY AND LOCALY WITH A GRAND PLAN OF GOD TO STAGE A PEACEFUL, EFFECTIVE AND PRODUCTIVE DISPLAY OF PROFESSIONALISM BY JOINNING THE PEOPLES MARCH TO SHOW SOLIDARITY AND DETERMINATION. FOR YOU! IF YOU ARE A SOLDIER, MILITARY OFFICER, A POLICEMAN, A CIVIL SERVANT, A BUSINESS MAN, OFFICE WORKER, BANKER, TFL WORKER, STATUTORY EXCUTIVE, MESSANGER, TEA LADY, GARDENER, EXECUTIVE OFFICER, MARKET VENDOR, WHEEL BARROW BOY, A PRISONER, A FISHERMAN,A PASTOR OR CHURCH WORKER, A SECURITY OFFICER, A BODY GUARD ETC. GOD HAS PLACED IN YOU SOMETHING SPECIAL TO USE TO FREE OUR LAND FROM THE HANDS OF OUR ENEMIES WHO IS OPPRESSING OUR CHILDREN FROM GETTING THEIR GOD GIVEN HERITAGE.THAT WEAPON IS THERE WITH YOU USE IT THE TIME IS HERE

Posted on Matavuvale.com – 26 FEBRUARY 2011

Private Joseva Vatubua, 24, was killed on New Year’s Day by an improvised explosive device as he targeted enemy firing positions in the restive southern Helmand province.

Born in Fiji’s capital Suva, he joined the British Army in 2007 and was one of the stars of his battalion’s rugby team, which won the 2010 Army Community Shield, the MoD said.

Tipped to rise the military ranks, he had also recently begun representing the British Army at rugby sevens.

Fijian colleagues said he had tried out for the island nation’s under-21s.

"His scale was colossal; he dominated the front row, dwarfed his machine gun and delivered fiery, martial passion in abundance," said Vatubua’s commanding officer, Lieutenant Colonel Andrew Harrison.

Vatubua leaves behind his wife Claudette.

1.The new constitution will give the President a veto over all legislation including budget and supply.

2.The President will be appointed for a term of ten years.

3.The President will be the titular head of the RFMF and be able to direct the Commander RFMF.

4.The President will be able to impeach and remove any MP including the Prime Minister for actions he deems not in the best interests of the Republic of Fiji.

5.The President will be able to call an election if he deems the administration is unable to adequately govern.

6.The President will have lifetime immunity from legal prosecution.

7.The Initial President will be appointed by the outgoing
administration to maintain stability over the first ten years.

ALL FIJIANS MUST NEVER LET THE PROPOSAL ABOVE COME ABOUT!!!! Posted by Sai Lealea at 10:42 AM 0 comments Email ThisBlogThis!Share to TwitterShare to FacebookShare to Google Buzz Links to this post

One thing must be said at the outset. It is that the President does not have, and should not have, any power to remove a Constitutional government, let alone Qarase’s government and with him as Prime Minister in 2006. This is the essence of democracy which requires the exercise of any executive power by mandate.

A first year law student, like an ordinary citizen, knows that a Constitutional government cannot be removed, ever, except by the process of an election. As expected Fiji’s Constitution does not vest with the President any inherent powers and he must always act with the advice of the Prime Minister who, rightfully, has the mandate of the majority. The late President Ratu Sir Kamisese Mara’s description of his Presidential powers in 2002 was that it was like “a beautiful flower”, meaning it is purely ceremonial without any independent power.

In 2006, and years prior to that, as it became very clear later, some prominent people in Fiji including the current Chief Justice Anthony Gates, the Shameem sisters (Dr. Shameem and Nazhat Shameem) and the current Attorney General Mr. Kaiyum held the monstrous belief that the President can remove a Constitutional government, other than by way of an election, and amendments can be made to the Constitution without Parliament.

These people were instrumental in giving advice in Dec 2006 to Frank Bainimarama to remove the Qarase government using the office of the President. The rest is history and the names of these individuals together with those who directly support that endeavour, for their own personal reasons, a properly recorded in the annals of Fiji’s history to await their fate later.

The Fiji Court of Appeal’s decision in Qarase V Bainimarama of 2009 and Jitoko J’s High Court decision in Qarase V Bainimarama & Council members of the Peoples Chater confirmed the obvious. It is that the President cannot remove a Constitutional government and that amendments cannot be made to the Constitution without Parliament.

The decisions exposed further the rift that had then existed in the judiciary between Justice’s Gates, Byrness and Shameem on the one side and Justice’s Fatiaki, Scott and Jitoko on the other and of how judgements have become very subjective because of it. Former Chief Justice Fatiaki had, in an earlier judgement referred to the rift and animosity that existed, as worse than that which infested the Republic of Denmark in Shakespeare’s Hamlet.

Faced with the dilemma of the Court of Appeal ruling in April of 2009, Bainimarama and his advisers directed the President, Ratu Josefa Iloilo to abrogate the 1997 Constitution. This was accompanied by the usual Decrees that normally follow an unlawful overthrow of power: namely a Decree to restore selected existing laws, another to exonerate the coup makers of their mutinous and unlawful actions, another to provide for the administration of Justice and one to provide for the exercise of executive authority.

The Executive Authority Decree No.2 of 10th April, 2009 is the one that provides for the powers of the President and the one that he currently uses and follows in making appointments to the government and to cabinet.

The Decree simply says that the President Ratu Josefa Iloilo appoints himself President of the Republic of Fiji. S3 of the Decree says the President shall be head of the state, commander in Chief and head of any government appointed by the Decree and S4 says that until such time as a Parliament is elected in accordance with the Constitution to be adopted, the President shall have the power to appoint a Prime Minister by Decree, to appoint other ministers on advice of the Prime Minister, to make laws for the peace, order and good government of Fiji by the Decree in accordance with the advice of the Prime Minister and cabinet and exercise executive authority.

S6 says the Prime Minister shall keep President fully informed. S8(2) says on the advice of Prime Minister, the President may assign to Prime Minister and each minister the responsibility of the conduct of any part of the business of government.

The Decree did not provide for the appointment of a successor to the President. In July, 2009 before he left office Ratu Josefal Iloilo, most likely by directive of Bainimarama and Kaiyum, passed another Decree to provide for the appointment of his successor.

That Decree is known as the Executive Authority of Fiji (Amendment Decree No.28 of 2009). S2 of the Decree says that if the office of the President becomes vacant, the Chief Justice under advice of cabinet shall nominate another person to become President. After Ratu Iloilo was removed from office, the cabinet duly nominated the name of the current President who was accordingly appointed by the Chief Justice.

To summarise, as I hope is clear from the above discussion, the President under the 1997 Constitution has no power at all to remove a Prime Minister and his government. After the constitution was abrogated in April of 2009, the President became the head of state and exercised executive authority under the Executive Authority Decree No. 2 of April 2009. Under the Decree he has the power to appoint a Prime Minister by Decree and cabinet as well as to perform other executive powers and authority through the advice of Prime Minister and cabinet. The President’s successor can be appointed by the Chief Justice under the advice of the cabinet.

Pictures: Nailatikau (top) has some power but so does Gates (bottom).