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# WHEN THE SHOE FITS ONLY WHEN IT SUITS

Posted on January 21, 2024 3 Comments

The selective nature of the Coalition government’s adherence to the 2013 Constitution screams from the Prime Minister’s latest statement on his dismissal of Aseri Radroro – defying the Constitution with its illegal appointments one minute and insisting that the supreme law be obeyed the next.

Sitiveni Rabuka uses the Constitution as a central reason why he was justified in sacking the Minister for Education, at one point in the statement emphasising the supremacy of the Constitution over SODELPA’s Constitution and actually referring to it as the “supreme law”.

QUOTE: “I want to make it clear that the instruction by the SODELPA Working Committee (to remain in the Ministry of Education until next Friday) is in defiance of the powers conferred on the Prime Minister under section 95 (3) (a) of the Constitution”.

QUOTE: “Political Party by-laws are made under the Political Parties Act. The Act requires that Parties and their officials must comply with Fiji’s Constitution”.

QUOTE: “The Constitution guides my actions and I remain committed to upholding its principles”.

QUOTE: “section 95 of the Constitution is very clear on the powers of the Prime Minister to appoint and dismiss Cabinet Ministers. It is the sole prerogative of the Prime Minister”.

QUOTE: As we move forward, I urge all parties involved to conduct themselves with respect for due process and the rule of law”.

As political inconsistencies go, the statement below is a doozy. Because when it suits the Prime Minister and his government, the Constitution is simply disregarded.

The Fiji Law Society has asked him to reverse the illegal appointments of John Rabuku as Acting DPP and Alipate Qetaki as Supreme Court judge because they contravene the constitutional provision banning them from holding those positions after they were found guilty of professional misconduct. That request has been ignored.

The Coalition government also continues to ignore the Constitutional stipulation that it set up judicial tribunals to investigate the allegations of misbehaviour against the suspended DPP, Christopher Pryde, and the suspended Police Commissioner, Sitiveni Qiliho.

Yet when it suits him, the Prime Minister reaches for the 2013 Constitution – a document the government otherwise doesn’t acknowledge as legitimate – to justify his actions.

It is hypocrisy of the worst kind – a Prime Minister donning the mantle of the supreme law one moment and trashing it the next.

“The Constitution guides my action and I remain committed to upholding its principles”. Yeah right. Only when it suits, Siti. Pull the other one.

You are either a prize hypocrite or you are too lamu to rein in the group known in legal circles as the “Toxic Trio” – the Attorney General, Siromi Turaga, the Solicitor General, Ropate Green Lomavatu, and the Acting Chief Justice, Salesi Temo.

Which is it, Prime Minister? Because if you are to be remotely consistent, you need to instruct the Toxic Trio to be committed – as you claim to be – to upholding the principles of the Constitution and if they defy you, you should begin the constitutional processes to remove them.

To follow is the Prime Minister’s full statement and the SODELPA statement to which he was responding.

All eyes are now on whether Aseri Radrodro will defy the Prime Minister and turn up for work at the Ministry of Education on Monday morning. If he does and the supreme law means anything, he should be arrested.

Reader Interactions

Comments

  1. Anonymous says

    January 22, 2024 at 2:45 am

    Could it be that this subversion was masterfully and purposely created to divert attention away from Lynda and the drug/porn/extra marital incident?

    Reply
    • Ben says

      January 22, 2024 at 7:39 am

      What can we say. PM has great timing of opening a can of worms to drive the attention away from the load of shit created by his MP.

      It’s time to sit back and watch the show.

      Reply
  2. Observer says

    January 24, 2024 at 2:55 pm

    You conveniently forget that it is not the PM who appoints Judges and the DPP – that is done by the Chief Justice as Chair of the Judicial Services Commission. So your complaints on the DPP and Alipate Qetaki are to be raised with the Acting CJ and not Rabuka.

    Reply

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About Grubsheet

Graham Davis
Grubsheet Feejee is the blogsite of Graham Davis, an award-winning journalist turned communications consultant who was the Fijian Government’s principal communications advisor for six years from 2012 to 2018 and continued to work on Fiji’s global climate and oceans campaign up until the end of the decade.

 

Fiji-born to missionary parents and a dual Fijian-Australian national, Graham spent four decades in the international media before returning to Fiji to work full time in 2012. He reported from many parts of the world for the BBC, ABC, SBS, the Nine and Seven Networks and Sky News and wrote for a range of newspapers and magazines in Australia, New Zealand and Fiji.

 

Graham launched Grubsheet Feejee in 2011 and suspended writing for it after the Fijian election of 2014, by which time he was working at the heart of government. But the website continued to attract hits as a background resource on events in Fiji in the transition back to parliamentary democracy.

 

Grubsheet relaunches in 2020 at one of the most critical times in Fijian history, with the nation reeling from the Covid-19 crisis and Frank Bainimarama’s government shouldering the twin burdens of incumbency and economic disintegration.

 

Grubsheet’s sole agenda is the national interest; the strengthening of Fiji’s ties with the democracies; upholding equal rights for all citizens; government that is genuinely transparent and free of corruption and nepotism; and upholding Fiji’s service to the world in climate and oceans advocacy and UN Peacekeeping.

 

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