Issue No: 626; 24 March 2001

The writ has been filed by the law firm of Howards on behalf of the Citizen's Constitutional Forum as the first applicant, and People's Coalition Government's Deputy Prime Ministers Adi Kuini Speed and Dr. Tupeni Baba, Assistant Minister for Fijian Affairs Ratu Isireli Vuibau, and SVT's parliamentarian Ratu Kinijioji Maivalili as the second applicants.

The writs claims:
· That Ratu Josefa Iloilo has acted unconstitutionally when he failed to summon Parliament;
· That the dissolution of the Parliament on 14 March was inconsistent with the Constitution and that the Parliament still exists;
· That the appointment to Laisenia Qarase as caretaker Prime Minister on March 15 is illegal;
· That the dissolution of Parliament and the appointment of a caretaker government be stayed;
· That the Parliament be summoned without delay; and
· That the respondents in the case pay legal costs to the applicants.

But there are doubts over whether the writ will be accepted. The Chief Justice, Sir Timoci Tuivaga informed the Fiji Times that he had seen the writ and had passed it to Justice Daniel Fatiaki. "The decision on whether it will be accepted or not will be made by Justice Fatiaki", the CJ was quoted as telling the Fiji Times.

Justice Fatiaki is reportedly one of the three judges who had participated in the drafting of military decrees.

Earlier the Citizens Constitution Forum together with numerous other NGOs' had accused the three judges of misconduct and had called for their sacking from the judiciary.