Was the defection of the Group of 11 former FijiFirst MPs to the ranks of the Coalition as “independents” after the implosion of Frank Bainimarama‘s party illegal?
Are they in danger of being throw out of parliament so that the Coalition no longer has any hope of securing the two-thirds majority now needed to pass any changes to the 2013 Constitution?
That’s the startling suggestion made in an article by the influential head of Dialogue Fiji, Nilesh Lal, that is breaking like a thunderclap over the political establishment and recasting all our assumptions about what the future holds.
Its importance has yet to sink in but it soon will. Because Nilesh Lal is flagging a court challenge that could upend the current numbers in the parliament and rob the Prime Minister, Sitiveni Rabuka, of his “super majority”.
It comes in the wake of Lal’s recent article in which he said the current parliament “no longer reflects the will of the people as expressed at the 2022 election and is a travesty of democracy”. But what if that no longer just becomes one man’s opinion but a judicial verdict?
Losing its super majority and ex-FijiFirst ministers like Ioane Naivalurua, Viliame Naupoto and Mosese Bulitavu would be a disaster for the Coalition. Suddenly, Sitiveni Rabuka would again find himself at the mercy of the NFP and SODELPA when he assumed he could rely on the Group of 11 to keep him in power.
But more importantly for the PAP’s immediate agenda, it would mean all hope is lost of meeting the new threshold set by the Supreme Court of a two thirds majority in the parliament to alter the 2013 Constitution, let alone the 50 per cent plus one required in a referendum of all registered voters. That vote would presumably require two-thirds of a 55 seat parliament, not two thirds of those MPs still standing, making a fresh election inevitable.
So that’s the possible scenario if any citizen or group of citizens goes to the courts and gets a declaration that the section of the Political Parties Act that has enabled former FijiFirst MPs to join the government is contrary to the supreme law.
Is it about to happen? Nilesh Lal doesn’t say. But it’s the logical conclusion to be deduced from the following conclusion reached by the head of Dialogue Fiji and one of the nation’s foremost intellectuals.
Who is going to mount that challenge? It remains to be seen. But the threat to the government’s position is obvious. And there is certainly a strong motive for a court challenge to be launched when the government continues to refuse to rule out abolishing the common and equal citizenry and common identity provisions of the 2013 Constitution.
Is this the trump card the minorities can play to avoid again becoming second class citizens – “vulagi” – in their own country?
Read on for this explosive article in full…
A flashback to Nilesh Lal’s previous article last month
Just like the idiot PM shot himself in the foot by commissioning the COI he has shot himself in the foot with his 5 silly questions to the Supreme Court for its opinion.
The man is a donkey and most Fijians love their donkey.
How about the cabinet itself refers this matter to the Court for its decision. If it can do to seek Court’s decision regarding the Constitution as in the recent case. Or the Fiji Law Society do it. If not Fiji Labour Party does it as did for the Chandrika Prasad case.
There are enough lawyers and individuals who are capable of doing this. Why not Dialogue Fiji progress this and close the opinion with a Court decision. Swift action is required. If not it’s all hot air.
Agree. Refer it to Court for a decision.
That piece by Nilesh Lal is his opinion. Like arseholes, everyone has one
Yeah, but there are credible opinions and opinions that aren’t credible at all. Nilesh is making his argument on a reading of the law. Which means that his opinion isn’t the usual arsehole opinion at all.
Only in Fiji do we take action first, then figure out later if it was legal or not. Rabuka is the king of act on impulse, figure it out later if you’re caught.
But better late than never!
This most certainly has to be challenged and amended to be consistent with the constitution. And I am sure it will.
Grubsheet you can bark as much as you can but nobody listens. Itaukei are busy playing rugby and robbing to survive. You are to be blamed for plotting against Bai and Kai and advocating for NFP and PAP. Now reap what you sow.
If no-one listens, why are you bothering to comment here? Qori.
Indeed. This clarification should begin immediately. Nilesh Lal makes important and searching analysis.
Now it is up to some reputable organisation or individuals to initiate this. Perhaps an opportunity for a group of enterprising lawyers to make a name for themselves through careful research, analyses and arguments.
I doubt if the current high-powered firms will do so. They are too busy minting money and screwing the public. They use the scores of new lawyers churned out by our universities as mere clerks and handy men/women, paying them miserable salaries.
Perhaps they should get together, under the guidance of some of the well known law academics in law faculties at USP, UniFiji, FNU, and prove their worth by taking on such matters. The public can do crowd funding and get a KC to help and also build capacity of these enterprising lawyers. Could be a win win!
Nilesh is trying to pull rabbits out of a non-existent hat. There is no case to be had as there IS NO PARTY. FijiFirst is deregistered and non-existent. And either way, that doe not guarantee that the 11 wouldn’t vote with Rabuka anyway. The reason they moved was because they no longer had the guarantee of financial stability after they didn’t form government. Beggars are the word to call those in the Group of 11. Because they want to be eligible for their pension after a number of years of service.
I don’t think you understand. The eleven would no longer be in the parliament. Their seats would no longer exist. Of course, they could join the PAP. But they would have to fight for their positions at the next election without having ridden in on Frank’s coat-tails.
Shocking as it is, but nothing will be done to redress this. If she can drop her knickers and be elevated to be Minister for Information then you can gauge just how chronically incompetent Rabuka is.
Inmates are running the asylum.
Rabuka knows too well he can’t be taken seriously by the rational ones among the population, this is why he is pandering to his voter base of subliminal dolts on issues like having a Fiji Embassy in the land stolen by European Jews.
Rabuka didnt have enough fu*kwits for his kakistocracy in the 90s, now he does.
Those “beggars” are turncoats.
Suppose they came in on the Democrat vote and when the situation arose, they joined the Republicans. To save their political bacon and personal ambitions. Not the interest of their constituents. Their democrat voters have voted them in on their party ideology and policies – vastly different to that of the Republicans – by going across, the turncoats do not represent their voters any longer. They are not representing the people who put them in for the reasons they put them in.
The label of ” Independents ” does not give the turncoats the self appointed warrant to discard the mandate they came in on. If parliamentary expediency requires they are labelled Independent to carry on their representative duties, without a re- election, they should remain true to representation of the will of the people who voted their party into power.
This is common sense.
This unprincipled defection suits that voting block who are happy with accommodating traitors to achieve their agenda. I bet they will not feel the same about such behavior, and disregard of the existing laws to counter turncoat behavior, if the tables were turned – if their own representatives defected to the other side by coercion or inducement in similar circumstances in future.
Turncoats have shown their true colours – their self interest is paramount. Not the constituents. Be wary. Under the prevailing integrity of the judicial system and the state – one can not expect that the law will prevail. Rather what is convenient to the dictators to achieve their ends will be maintained. Or have we opened our eyes and brains and reached a Turning Point yet.
A lot of people when cornered start using abusive language or physical strength to justify or prove their point. Some cannot read what certain sections of constitution says or as plainly explained by Nilesh.
And who was the dolt who decided on the terms of reference for the constitutional committee about the changes? Did our constitutional lawyers not see this coming? How embarrassing that the overseas lawyers came, advised on what was asked and left and we are once again left rubbing our hands. Quite a laugh if it wasn’t for taxpayers money lost once again on a futile exercise.
I see that someone will have to pull Rabuka’s jaw from off the floor.
The quality of lawyers coming out of USP should be a real concern. Besides the total lack of ethics, they do not even understand the basic principles that any reasonable laypersons, or Tom, Dick and Harry can. Part of the legal mess can be blamed on USP and the poor quality of law graduates it produces.
Unfortunately, the poor quality of USP graduates will continue and hardly any of them will abide by the CJ’s counsel (to be polite and remain honest) at today’s admissions ceremony, as reported in fijivillage.
“While speaking during the admission, Chief Justice Salesi Temo reminded the graduates of the weight of responsibility they now carried.
He also reminded the new lawyers to uphold the highest ethical standards, emphasising that above all, be polite and remain honest.”
Has Nilesh hinted to Rabuka to amend the 2013 Constitution with regard to the Political Parties Act and make it consistent with it? That’s if Rabuka gets the process in action and gets the votes in the referendum and in parliament. It’s therefore important before Rabuka gets this opportunity to do so, Court action should be filed without delay if anyone cares.
The Speaker of the House, Filimone Jitoko, should look into this, and if need be, refer it to the Courts, with Temo not presiding.
Would be great if the gang of 11 were taken off the public payroll.
Paging Jone Kalouniwai…do it.
I think Nilesh Lal needs 24hour protection from Lynda’s goons
Any court challenge will just be made nul and void with corrupt Temo in charge no matter how good the legal argument.