Wednesday, August 15, 2007

Illegal Decree to be Challenged

Decree by Fiji’s interim State challenged in court

Wednesday, August 15, 2007

Deposed Prime Minister Laisenia Qarase will challenge the military in court for overthrowing his democractically elected government on December 5 last year Taken from / By: Commonwealth.org

Any decree passed by the interim administration will be illegal and will be challenged some where down the line as the Parliament is the sole authoritative institution to grant immunity says the Fiji Law Society.

Society president Devanesh Sharma said any decree passed by the Interim government is illegal and as he understands it only Parliament can grant immunity.

“The fact of the matter is if it’s an Immunity Decree granting immunity to acts of criminality then I’m sure it will be challenged under the Constitution at a later time as well. In fact my understanding of the law and I stand to be corrected on it, an immunity can surely only be granted by the Parliament. Like in 1987, it was an act of Parliament that granted immunity to those who carried out the coup in 1987.”

Sharma said that even the fact that the decree was issued by the President of Fiji could be questioned.

“I’m not to sure how a decree passed by this interim regime can grant immunity to itself even though it may have been promulgated by the President. So the legality of this immunity decree may be under severe challenge.”

Suva lawyer Tevita Fa, who is representing deposed Prime Minister Laisenia Qarase and members of the deposed government had earlier said that he will be taking the military officials, which are the Commander to court.

Fa said his clients have been served with a summons calling for the parties to meet.


Fiji Broadcasting Corporation

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