published 2 March 2001

Media Release from the elected Prime Minister of Fiji Mahendra Chaudhry, Leader of the People's Coalition and the Fiji Labour
Party

The People's Coalition welcomes today's decision by the Fiji Court of Appeal which upholds the validity of the 1997 Constitution and therefore is an important step in the process of returning Fiji to constitutional government and the rule of law.

I would like to commend the action of Mr Chandrika Prasad in taking this case, a brave step by him which will I hope, safeguard the constitutional rights of all Fiji citizens regardless of race or creed.

The Court has restored the status quo in Fiji to where it was on the morning of May 19 last year prior to the storming of Parliament by armed thugs.

Some of the primary points made by the Appeal judges are important in understanding the processes that we must now go through to restore democractic government:

The judges wrote in their summary:

- This leads us to conclude that even with the "first past the post" system, government would still have been the same; and claims that indigenous Fijians in particular did not understand the electoral system were largely unsubstantiated. We regard the Constitution as a reliable expression of the hopes and aspirations of the whole population, and see this as relevant in determining whether there has been popular acquiescence in the Interim Civilian Government.

- We conclude that the interim civilian government has not proved it has the acquiescence generally of the people of Fiji. Accordingly it cannot be recognised as the legal government.

- The 1997 Constitution remains the supreme law of the Republic of The
Fiji Islands and has not been abrogated.

- Parliament has not been dissolved. It was prorogued on 27 May 2000 for six months.

It is now up to the Acting President to use his powers under Section 68 of the Constitution to recall Parliament. I urge him to do so at the earliest possible convenience so that a government can be tested on the floor of the House of Representatives.

I welcome tonight's comments by Ratu Josefa Iloilo in which he has told the nation that he respects the court's decision and that he will make every effort to restore full, constitutional rule following consultations with the BLV and political leaders.

We do not accept that there is any validity in the proposition appearing in media reports that the Acting President should dissolve the Parliament and call fresh elections - we had elections in 1999 and it is now up to those parties that lost that election to accept the verdict of the people and work towards the next scheduled election as envisaged in the Constitution. Governments in Fiji are meant to enjoy 5 year terms of office.