Fiji president abrogates 1997 Constitution, resumes governing power

Published: 09/04/2009 05:00

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Fiji is now being ruled under a New Legal Order after the abrogation of the country’s 1997 Constitution on Friday by President Ratu Josefa Iloilo, who appointed himself head of state.

Fiji’s president Ratu Josefa Iloilo is seen in this July 18, 2000 file photo. (Xinhua/AFP Photo)

To effect the abrogation, Iloilo decreed the abrogation of the 1997 Constitution, appointed himself head of state and rescinded all judicial appointments.

In a national televised speech, Iloilo said through the revocation of appointment of judicial offices decree, all judicial appointments in Fiji are no longer in place after they were sacked.

He said new judicial appointments would be made for all judges, magistrates and other judicial officers.

“In this respect I shall be inviting suitable individuals over the next few days to join or rejoin the bench under the new legal order,” said Iloilo.

Iloilo said he believed that it would take five years for an interim government to hold true democratic and parliamentary elections by September 2014.

He said he had the full backing of the country’s security forces and has directed Commander of the Fiji Military Forces Commodore Voreqe Bainimarama to take all reasonable steps to ensure the maintenance of peace, law and order.

He added that he would announce a new cabinet and make other institutional appointments over the next few days as Fiji citizens wait silently wondering what this latest development would mean for her people.

“There is no written provision in the Constitution for appointment of such a person and as a result Fiji does not have a government in place since 3:00 p.m. yesterday (Thursday April 9) afternoon,” he said.

“You cannot have a country without a government. The machinery of government must continue,” said Ratu Iloilo

Under the constitution, Fiji’s president has a mostly ceremonial role as head of state and governing power is held by an elected prime minister and cabinet.

Iloilo’s latest action was the result of the Fiji Court of Appeal ruling on Thursday that among other appointments the appointment of the interim Fiji Government by Iloilo was invalid under the 1997 Constitution.

The Court also held that Iloilo should in his discretion appoint a caretaker Prime Minister. But the person appointed should neither be Bainimarama or the deposed PM, Laisenia Qarase, the court ruled.

Fiji state lawyers were denied by the court a stay order on the decision.

On Thursday night in a televised national address, interim Prime Minister Commodore Voreqe Bainimarma, who reverted to his position as army commander assured the nation that the security forces will maintain law and order.

Bainimarama relinquished his interim prime ministership together with his cabinet.

Reacting to the actions of Iloilo on Friday, Professor Brij Lal,one of the architects of the 1997 Constitution, said the president’s behavior is strange.

“Iloilo as president’s solemn duty is to uphold the constitution, not abrogate or otherwise dilute it,” Brij Lal said.

“It is wrenching time for the country, rule of law being upheld one day and completely disregarded the next,” Brij Lal said.

VietNamNet/Xinhuanet

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