Issue No:
588; 15 March 2001
The attempt by the
Acting President, Ratu Josefa Iloilo to dismiss the elected Prime Minister
Mahendra Chaudhry is unconstitutional.
In a media statement made
shortly after receiving a letter from the Acting President purportedly
dismissing him from the Prime Ministership of the country, Chaudhry stated:
"I was notified this afternoon of my purported dismissal as Prime
Minister from today 14 March, through a letter signed by the Acting President,
Ratu Josefa Iloilo."
"It is clear from Ratu Josefa's letter that his decision to dismiss me is
premised on his incorrect assumption, deliberate or otherwise, that I had
accepted I no longer enjoyed the confidence of the House because I had offered
to advise him to dissolve the House of Representatives so as to make way for
fresh elections to resolve the political impasse facing the nation."
"The Acting President wrote: "Therefore, acting in my own judgement
under Section 109(1) of the 1997 Constitution … I hereby notify you that I
have decided to dismiss you from your appointment as Prime Minister of Fiji with
effect from 14 March, 2001"."
"I have consulted my legal counsel on my purported dismissal and have been
advised that the Acting President's decision is badly advised and
unlawful."
"It is correct I had conveyed to His Excellency that I was prepared to
advise a dissolution of Parliament. I had done this in order to assist him find
a way out of the constitutional difficulties confronting him. My offer of
assistance was made in good faith and with a view to helping him find a solution
to the nation's problems which was within the law."
"But it takes a considerable leap of logic for the Acting President to now
conclude that this advice means I do not believe I have the confidence of the
House of Representatives. The best way to ascertain this is to summon the House
of Representatives. Why is it that those who advise the Acting President are
unwilling to consider testing this option on the floor of the House?"
"I had not advised the Acting President that I had lost the confidence of
the House of Representatives. Section 109(1) of the Constitution - the section
under which he purports to act - says as follows:
109..-(1) The President may not dismiss a Prime Minister unless the Government
fails to get or loses the confidence of the House of Representatives and the
Prime Minister does not resign or get a dissolution of the Parliament."
"The necessary conditions under which the Acting President may act under
s.109(1) simply do not exist. I am frankly astounded that his advisers believe
otherwise."
"I urge His Excellency to reconsider his decision. At this time, it is
vital for him to demonstrate to the nation the importance of governing within
the law to enhance confidence in our country's ability to be so governed."
"I have written to the Acting President advising him to reconsider his
decision."
"The purported appointment of Ratu Tevita Momoedonu as prime minister is
unconstitutional and unlawful because firstly, I have not vacated the office of
prime minister. Secondly, Ratu Tevita has not been nominated by the People's
Coalition nor has his entitlement to the position been tested on the floor of
the House of Representatives."
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