Issue No: 858; 16 June 2001

The order comes after an application by the Fiji Labour Party to the High Court seeking an injunction stopping the work of the CRC.

The Lautoka High Court delivered its judgment yesterday. Justice Anthony gates stated:
"It is abundantly obvious that the advice of the Cabinet tendered to the President to appoint a Constitutional Review Commission was outside the lawful ambit of a caretaker government."

"Unlawful programmes of expenditure or reformist projects are the prerogative of an elected government.

"A lawful government needs to be buttressed by holding the confidence of the House of Representatives, and by acting within the Constitution with the two other bodies of Parliament namely, the Senate and the President.

"Moving in advance of the will of Parliament in reformist fields, however well intentioned, is not an act which the courts will validate under the doctrine of necessity.

"The authorisation for the expenditure of public funds for such reform work is similarly outside the permitted scope of work of a caretaker Cabinet. Such authorisation in unlawful.

"Parliament which carries out the necessary constitutional jurisdiction and authority for reform may when elected set up a Parliamentary Select Committee for such work".

The judgment again goes to show that the Qarase regime is thoroughly seeped in illegalities. Since usurping authority, the regime has continued to take numerous actions which are clearly illegal. The Fiji Court of Appeal had declared the Qarase regime illegal. The regime resigned. But within a day, it was reappointed by the President after pressure on it from the military.