Scott decision draws criticisms

Issue No: 933; 12 July 2001

 
The Michael Scott judgment upholding the President's violation of the Constitution has drawn strong criticisms from those standing for democracy and the rule of law in Fiji.

The Citizens Constitutional Forum (CCF) stated that the judgment is a charter for terrorists. Its lawyer, Sir Vijay R Singh stated that it justifies any group of people to invade the Parliament, and force the President to make a decision against the Constitution.

Elected Prime Minister and the leader of the Fiji Labour Party, Mahendra Chaudhry stated that the decision was "a mockery of the Constitution and the rule of law. He, however, stated that the Scott decision was not a surprise. But he said:
"In any democratic, self respecting society, the first duty of the courts is to uphold the rule of law and not justify extra constitutional actions on the grounds of necessity where it does not apply. It seems to be a judgment specifically reasoned to exonerate Ratu Josefa Iloilo's unlawful actions, following the Fiji Court of Appeal decision in the Chandrika Prasad Case".

The Leader of the Fijian Association, Adi Kuini Speed stated:
"We can only trust Parliament to do what the ordinary people want. We can not rely on anyone else to uphold the Constitution. Not the army, not the police, not the judiciary and certainly not the un-elected leaders of this country."

But right wing political parties have endorsed the judgment.

The SVT stated that it is happy with the ruling and that fresh elections are the way to go ahead. The Nationalist Party also stated that it endorsed the decision. One nationalist leader, Saula Talewa, stated that he and his group "prayed and fasted that the Lord's will be done. The ruling was the answer to our prayers". Talewa is the government's recognised author of books in the Fijian vernacular. Recently re received computers fro the Chinese government. The newly formed Conservative Alliance Party, which supports the terrorists, has also welcomed the decision.

The National Federation Party has also joined the right wing parties in welcoming the decision, saying: "All legal processes have been adopted and exhausted and it is time to move on."

The political parties which have supported the Scott decision were either totally eliminated in the last national elections or had lost power.

 

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