Thursday, February 22, 2007

SDL Declarations Against Fiji Military Takeover

SDL seeks eleven declarations from court - Wednesday February 21, 2007

Ousted Prime Minister Laisenia Qarase talks to Adi Samanunu Cakobau on the day of the December 5 coup
The deposed Laisenia Qarase Government is seeking eleven declarations from the High Court in their challenge to the December 5 coup led by Fiji’s Military Commander Commodore Voreqe Bainimarama.

Leading the litigation is a plea for the High Court to declare that the removal of the Qarase government through the use of arms was unconstitutional.

The second clause challenges Commodore Bainimarama’s assumption of executive authority on December 5 and calls for the court to declare it unconstitutional.

The third clause said Commodore Bainimarama’s action to dissolve Parliament, his dismissal and termination of senior Government officials and executives of statutory boards, Government Commercial Companies and the suspension of the Chief Justice and the indefinite leave of the Chief Magistrate were unlawful and unconstitutional.

The litigation’s fourth clause challenges the use of the doctrine of necessity that the military used to justify the December 5 coup, which the SDL wants the High Court to declare as being legally misconceived and contrary to the Constitution.

The fifth clause challenges the action taken by Commodore Bainimarama and the military that based their actions of the "repealed section" of the 1990 Constitution which the SDL claims was legally misconceived.

The sixth clause wants the High Court to declare Dr Jona Senilagakali’s appointment as illegal as well as other positions like certain senior positions in the Public Service Commission.

The seventh clause challenges the legality of the interim cabinet that was sworn in early last month.

The eighth clause in the SDL litigation is contesting the state of emergency that the military-led administration put in place since December 5.

The ninth clause pleads with the High Court to declare that the deposed Qarase government is the lawful and constitutionally constituted Government of Fiji.

The tenth clause wants the High Court to declare the immunity decree granted to the military as unconstitutional.

The final clause wants the High Court to declare that the current interim administration cannot use the "doctrine of effectiveness" to show its legitimacy.

Acting Chief Justice Anthony Gates will hear the matter in court next Friday.

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