The lawyer, women’s rights advocate and Asian Development Bank staffer, Imrana Jalal, says she “weeps for the rule of law in Fiji” as the Acting DPP, John Rabuku, continues to defy calls for his resignation after three Supreme Court judges found that he is “ineligible” to hold the position because of professional misconduct.
It is now nine days since the judges provided the cabinet with the “opinion” that John Rabuku’s conviction and punishment by the Independent Legal Services Commission bars him from holding the position under the Constitution. But there is still no sign of Rabuku being removed, with both the Attorney General and the Prime Minister saying it is a matter for the Judicial Services Commission headed by the Acting Chief Justice, Salesi Temo, who appointed Rabuku in the first place.
Imrana Jalal has suddenly found her voice despite knowing since last October that John Rabuku’s appointment is unlawful. So why is she speaking out now? Well, undoubtedly because she is an old friend of the AG, Graham Leung, stretching back some four decades and John Rabuku’s defiance of Leung’s call for him to do the honourable thing and resign is making Graham Leung look impotent. He is the chief law officer of the state but is unable to get either the Acting DPP or the JSC to budge.
There is further reason to weep for a whole lot of things, including the loss of a formal opposition in the parliament and the Prime Minister’s recruitment of at least nine ex-FijiFirst MPs to support him. He has explicitly raised the prospect of using these MPs to support him in his attempt to change the 2013 Constitution.
The question Imrana Jalal and other luminaries in the legal profession should be publicly asking the Prime Minister is this: Precisely which parts of the Constitution do you intend to change? It’s a question that has been continually avoided amid the general clamour to “change the Constitution” but it is of paramount national interest.
Grubsheet, for one, would have no problem ridding the Constitution of the section that gives the RFMF overall responsibility for the safety and security of all Fijians. That should clearly be the role of our elected representatives. I similarly have no problem changing it to restore more grass roots representative government through the reintroduction of constituencies rather than having one national constituency, as at present. But I fear the Prime Minister’s agenda goes a lot further than that.
When indigenous supremacists – and Sitiveni Rabuka is one of them whatever spin he gives his extremist views – talk about “changing the Constitution”, what they really mean is abolishing the common and equal citizenry provision, the common identity and the secular state. They never say so for fear of frightening the horses and increasing the current stampede by our minorities out of Fiji. But we can be sure that’s the agenda, pure and simple, just as it has been since Rabuka’s first coup of May 1987.
Is this something that Imrana Jalal and senior lawyers like her support? We need to hear from them precisely what their views are. Because this is the great unspoken agenda of the hardline indigenous and religious right. And we have every right to be suspicious that the nine ex-FijiFIrst MPs who are now supporting the Prime Minister have embraced that agenda because they are all iTaukei, are all staunchly nationalist and staunchly Christian.
It is a big amber light when the Prime Minister now says publicly that he has the numbers to change the Constitution. Change to what? That is the burning question. And it must not only be asked with increasing vigour by every Fijian but answered in the interests of every Fijian, irrespective of ethnicity or religion.
Sitiveni Rabuka needs a 75 per cent vote in the parliament to alter the 2013 Constitution. But he also needs to win a 75 per cent vote of the electorate in a national referendum on top of that. Can he get it? As things stand, that is very doubtful. But it depends WHAT changes are envisaged. If it is to alter the common and equal citizenry, the common identity and the secular state, there is going to be the mother of all political battles. And we need to know NOW what is proposed.
Opinion leaders like Imrana Jalal need to take a stand. Because if they are weeping now about the rule of law in Fiji, there is potentially a river of tears to come.
Imrana’s full statement on social media on which the Fiji Times story was based. Her opinion that John Rabuku is a “charming and sweet man” is not shared by those who have been at the receiving end of his vicious racism, highhandedness and arrogance.
But there are going to be a lot more tears down the track. And it is time for the nation’s opinion makers to take a stand on the issue of changing the Constitution.
The “Third Bloc”. A nest of ex-FijiFirst traitors. Are they prepared to abolish the common and equal citizenry provisions of the Constitution?
They need to declare their intentions and the nation needs to put the blowtorch on them to explain themselves.
Ten years ago, FijiFirst won the first election after the return to parliamentary rule by a landslide on such high-minded slogans as “We deliver. We serve.” Now it is a dismembered rabble, some of whose MPs are for sale to the highest bidder.
Yes, folks. Their votes in the parliament are ” flexible and tradeable”. Just like street whores are tradeable.
A serial traitor who Frank Bainimarama and Aiyaz Sayed-Khaiyum were stupid enough to let into the FijiFirst henhouse. The wolf in sheep’s clothing wears a sleazy grin of triumph on his face. Utterly bereft of principle. But he will get his comeuppance.
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The Attorney General also confirmed that the position of Commissioner of FICAC has recently been advertised and it is his hope that the position can be filled as quickly as possible as there is much unfinished business before FICAC.
He says if the anecdotal evidence is to be believed there has been serious dipping into public funds in the past, some of it is in possible breach of the law, and those responsible must face the full brunt of the law.
Leung says FICAC has cases going back as far as 2014 and there may be a need to restore a dedicated corruption court and he intends to liaise closely with stakeholders in order to consider the justification for it, if any.
He adds there can be no returning to the dark days of tyranny where agents of the State were routinely sent to the homes of people who disagreed with the Government.
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Here is the list Rosie:
1.WAF 30 MILLION DIGGER HIRE
2.ABDUL KHAN FSC
3.AIRPORTS TENDERS
4.S.KABA CONSUTANT TENDER
5.DONATIONS TO FFP
6.LAUTOKA SWIMMING POOL
7.FIJI ROADS TENDERS
8.REWA DAIRY SALE
ETC ETC
And you might as well add all the corrupt tenders from this Coalition as well
1. GCC build
2. Girmit funds
3. Polytec funds
4. Richard Naidu and all high com recruits.
5. Chinese government donation to Tabuya’s village
6. List of MPs already under FICAC investigation
Let’s not forget these swines too fast.
That will be the next government’s job coalition mess
What is happening with Walesi investigation and FBC.
Are you now admitting that the so called one men one equal vote is not working and going back to riding association and constituencies makes more sense?
Rabuka did follow a process when the 1997 constitution was adopted, so I am sure he will follow the same process this time as well and will once more have in place a commission to look into the flawed 2013 constitution and recommend changes.
I also agree that the military has no business in civilian rule. The opposition and the Government needs to work together to see what changes are needed to the current constitution. It can be done through goodwill and participation of the opposition as the opposition cannot have their heads buried in the sand and assume that all is well with the 2013 constitution. If they are serious they will engage to correct the wrongs for the sake of future generations.
All the military decrees that became an Act and cannot be challenged in courts need’s to be reviewed.
How on earth can you have construed that the “one men (sic) one equal vote is not working” from what I said about individual constituencies? As long as there is a common and equal citizenry ie equal votes of equal value, there is no reason for change to be considered. But as far as I’m concerned, the common and equal citizenry, the common identity and the secular state are non negotiable.
Rajiv, you tell me why the 2013 Constitution is flawed and must be changed. Go on. Which bits do you want changed? Because it is is to give the iTaukei more rights to belong than others, that is not acceptable. Period.
I’m await for the vanua levu putin fan to lecture us about the pros and con of the Westminster system. We all should hold our comments until we’ve heard from him.
Wawa mada man, off course the current electoral system is not working when someone with 400 votes can ride into Parliament and becomes a Minister while someone with 3,000 votes cannot make it to Parliament.
Absolutely no provision for by elections but someone down the ladder three years later with even less votes can walk into Parliament if and when a sitting MP from the same party resigns. Is that true democracy ?
One man one vote and equal citizenry sounds good but the execution also needs to be flawless and actually means what’s it’s sated intentions are.
I have never said that the constitution needs to be changed so that one community gets to dominate. That I agree should never be compromised and no one community needs to be above the rest.
So how about fixing the electrical system? That will be a start
They will probably want to get rid of the provision in the constitution that barred Rabuku from being acting DPP so more criminals and thugs can be placed in positions of power and are currently banned from doing so . The constitution is like the rules of rugby , if you didn’t have penalties for bad behavior then it would turn into a very ugly game with lots of serious injuries
Graham, no changes to the constitution can be effected as one of the conditions for change requires a 75% vote by the people as a referendum. That is highly unlikely to happen. Despite having a 100% vote by parliamentarians ,it would come to nought if the people of Fiji disagree with change .
That is what I have clearly stated in the penultimate paragraph. You need to read what’s in front of you. Sheesh.
As usual Imrana Jalal is selective, myopic and circumspect, with personal interest at the back of her mind. She goes after Rabuku but not Rabuka, because the former is small fry, the latter a shark. As Grubsheet points out, she weeps for her friend, the impotent Graham Leung, more than she sheds tears for the rule of law, or for the country as a whole. There is the ‘Queen of Tarts’ and then there is ‘Drama Queens’. No shortage of queens and tarts – they come in all forms, shapes and guises, eh Graham?
Why can’t police or governor general or military take rabuka out g office it is very clear sentencing frank the culprits are rabuku and salesi temp now same salesi should get legal system to discharge frank without any conviction
Avi Salvi
Musu bona
All rubbish from your mouth
@Salvi.
Let the voters decide who should remain in office.
You need to come out from your cave and smell the roses.
I assure you bro…the dinosaurs no longer roam the plains. Its safe to come out now.
Avi you swine
No school
Those who talk about coups or removing any government of that matter by force or without democratic system,should be taken to task.
Coups has ruined Fiji big time.
Sit in opposition….as independents…representing the people who voted for them….all good so far………..while supporting the Prime Minister. How does that work?
20 of them and around 10,000 votes they received in total out of half million voters
Who are they representing?
Looks like wheelbarrow boys and shoe shine.
What difference will they make.
Ducklings without a mum
GD, the by-line guy to this FT story is well known as a staunch nfp stooge. This stooge’s selective ‘reporting’ has zero credibility. The guy spews his special brand of rubbish just the same as the rest of his ilk reporting from their butt…
Weeping for the rule of law’ now? A dollar late and a day short. The less said the better.
Far too much damage has been done by the current goons in govt to make a difference now. The economy is near stagnant, debt increasing each day, investor confidence low, law and order from bad to worse, drugs, unreported home invasions and violent robberies, corruption in every part of govt. we could go on but we know the news is not good.
No ethics, no respect, no rule of law. The magistrate not once but twice found VB and SQ not guilty. Yet SLR, the jackass previous AG, the high court, OADPP and the circus-clown CJ, all worked hand-in-glove to fast track their own appeal of the not guilty verdicts to send both to jail by hook or by crook.
When the two (VB &SQ) appealed their conviction, the clown CJ and his court went into hibernation. Hate them as we might as individuals, but every person has the right to free, fair trail with equal justice under the law.
However, not a peep was heard from these so called law experts then. Nor did they pipe up when minister for weed and bonking clearly broke the law taking drugs in rm #233. Nothing from any of them when the woman basher and sexual deviant abuser of his ex-wife was appointed as min of Ed. In fact the ngo’s said it was for the good of the country to retain him in the coalition govt!
Weep now for what? Too much has passed to right the legal wrongs.
Depressing as this might be to me to admit, GD, you’ve answered your own worries by saying “And we have every right to be suspicious that the nine ex-FijiFIrst MPs who are now supporting the Prime Minister have embraced that agenda because they are all iTaukei, they are all staunchly nationalist and staunchly Christian.” Exactly!
SLR knows well how to “fix” the constitution to meet his needs. The concerns raised in this column could not be more serious and concerning for all. Sadly, those exact concerns will play out as we fear.
This is after all the same person who “abrogated” the constitutions in 1987 and his thugs took over all the newsrooms in Fiji.
‘I have the means’ fella and the current weeping lady can attest to that I’m sure.
People conveniently forget that SLR ran many of them out of town then—yet the legal experts thinks the same person will act different a second time. Fool me once….
Imrana is right of course and for Fijian tax payers we can only hope the high standards of transparency and accountability will also be applied to the alleged conflicts of the elite that make up the fiscal review committee.
But long time observers recognize that the elite does not hold others in their circle to account. Punching down to fix up those seen as beneath them is all they will do. This is what led to ASK.
Change the constitution yeah which part? Ensure no Indo Fijian becomes PM ever again as Rabuka announced in 2005?
Why is this woman still relevant?
Her bias is so evident at many levels.
Example during Tabuya and Aseri’s affair she was busy calling other women out but Tabuya.
Make these show ponies non relevant please.
Those 6 of FF party parliamentarians who abstained from voting on pay rise should resign from parliament ,than we will know that they were genuine of thier actions.
Most likely they won’t ,as over 100k and freebies is good money to earn in Fiji from just few hundred or a thousand votes and do nothing.
Change the constitution:
What do proponents of this mean?
Have they even read in English or the vernacular languages of Fiji, some or the entire document?
It’s been obvious that legal folk don’t interpret it correctly. Sheesh, people can’t even read a few sentences in a social blog correctly. What is the likelihood that ordinary citizens, who may be asked to vote on a referendum regarding changing the current constitution, know anything of substance about its contents.
The educated, subject matter experts should look at those sections of the constitution that have been found wanting and these are the sections or subsections that should be improved.
NOT the whole document which in most part is robust.
It’s just nonsense that the entire population gets to have a say on the constitution, when most can’t understand it. It’s an unfortunate fallacy of democracy to have to be seen to be involving all and sundry.
And change the constitution catch call seems to have become a thing of fashion, every so often get a new one, like discarding the previous seasons kalavata outfit for a new one.
Jalal has lost credibility because of this government and her group of saviour women who are there for themselves only.
The violence on women is so high and hardly any action from her friends who are well funded by aid donors.
Then there is drugs. HIV. Homelessness for children and youth.
Very selective indeed, Jalal.
Fiji is crumbling fast.
She can now open her mouth and talk about other issues too.
Googling Imrana spewed this out:
Personal life. Jalal, who hails from Suva, Fiji, has been married since 2003 to an indigenous Fijian chief, Ratu Sakiusa Tuisolia.
Does this give a hint of her views on indigenous matters and thus her selective weeping? Maybe, and after all, her husband was a rising star under the late nationalist PM Qarase’s watch.
What is a well-paid international civil servant of an inter government body. meaning she works for member governments, doing publicly criticising a govt functionary.
She should mind her own business and keep up the charade of her work that pretends to give her employer, the Asian Development Bank, the appearance of being concerned about humanitarian issues when in fact it exists only to enslave poor countries in usurious debt while maintaining geo political control of the Asia–Pacific region under US and Japanese hegemony.
You did the right thing GD by exposing her. There is nothing in the current constitution that prevents the itaukei from increasing their wealth if they are prepared to do hard work.
But sitting on our fat backsides hoping to collect free money and free govt hand-outs and needing a constitutional change to guarantee that is a sure path to ruin.
I haven’t “exposed” her so much as taken her to task for her selective despair. For instance, she has remained silent about Aseri Radrodro – a domestic violence abuser – being appointed Minister for Education. But, of course, on this, she has not been alone. The selective outrage of the women’s movement about some issues and their silence on others has been very disappointing.
I like when you say “exposing her “Mr .Swear on Bible
Oh wow !
Imrana’s one sentence description of John Rabuku tells us more about her than of John.
I’ve lost my respect for her, unfortunately.
What does this prominent Human Rights Lawyer have to say about the human rights of Rabuka’s daughter? Or does her opinion only come about selectively to protect her and her friends. What does she have to say about all the various short comings of this government or is her opinions only for the previous government which made her leave the country for a while. The prejudice, the bias, the open bullshit by some is lamentable and regrettable. But this is what Fiji has become. Everyone is self-serving, self-preserving and the country has turned into a place run by f*ckwits all the way from the top to the person on the street. Guess who is to blame?
That is right …………………it is all the referees fault!!!!