Friday, April 10, 2009

A Fijian's Thoughts about the Appeal Court Decision

Someone sent me his thoughts about yesterday's decision of the Fiji Court of Appeal on the Qarase Appeal Case.
"I think that this is the verdict the High Court should have given. The unacceptance of Coups was decided after the 1987 Coup which was endorsed after the 2000 Coup which Actg. CJ Gates determined. The decision of the High Court should have been as decided by the Court of Appeal.
Democracies should be decided by elected leaders and not by unelected leaders like the President or even Heads of Department like the Commander. What the Regime argued under the High Court is that the President has "Reserve Powers" (even if Presidents do, certainly not this current one (PUN INTENDED) and Gates who told the RFMF in 2000, suddenly changes his law to suit his friends in the Army that the President has reserve powers.
There are no such reserve powers, for the Constitution states that when the President is accepted to act on his or her own deliberation, those times are provided for under the Constitution. If you look "at" (black & white) and "into" (constructed) the Constitution from the first to the last article, you will no where find in black and white or under or through any construction of the law to say: "The President may dismiss the decision of the people by dismissing elected leaders in the democracy because he has the reserve powers". Never.
Presidents in Democracies where elected leaders are headed by Prime Ministers only exercise the powers of democracy through the Cabinet Minister or a Prime Minister. The RFMF wanted was to make the democracy and make the elected leaders listen to an unelected leader?? It does not happen in the democracy under the 1997 Constitution at the very least.
However, that is not the least of Fiji's concern for her freedom. The RFMF, I have heard, has planned all along that in the event they are found outside the rule of law, then they make their own law. How do they do that? Abrogate the Constitution and make a new one or let Frank and or his Cabinet make the laws as each day goes by.
My thoughts are that at this juncture is that (those who feel like Frank's advisers when in fact, they are Frank's "Hangers On" for when/if they do not do or meet Frank's wishes, they are useless to him, and some become enemies of his), certain civilians that wanted to keep the Constitution will now have a falling out with Frank.
The Military Council will say "abrogate the Constitution" and the "hangers on" will say no. If skirt journalism worked for news reporters, and they are able to influence politicians, I wonder if it will work now for "hangers on"/advisers.
When considering the option of whether they should implement the decision of the Appeal Court or not, one of the concerns will be to confirm if the Immunity Decree they gave themselves will hold. Under the words of today's Court of Appeal,...............what do you think?
Au rogoca ni sa vosa ena retio o Commander ka sa kaya ni "sa ciqoma na vakatulewa ni Court of Appeal, ka sa na cakacaka kina na President. Sa nona itavi me laki brief taki President me vakatulewa na President".
Whilst people are hopeful, they are aware too of the otherwise. Au nanuma sara na ulutaga ni nodatou veiwasi keirau a vakaitavi kina ka vaka toka qo na kena rorogo: "Even the mercies of the wicked are cruel"
I say that because the President does not act on his own, The President is and has been the puppet of the RFMF. That is what worries people, for the Commander has said he will listen to the President and this will give him time to advise the President who acts under his command - not advice.
The decision of the Supreme Court which is made of foreign senior and well respected Judges will and should be the same as the Court of Appeal. Even though Justice Gates will preside (as President of the Supreme Court), he can not bend these judges who have a deeper and serious commitment to the rule of law and constitutionalism. Those are my thoughts.

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