Fijileaks: COUPIST SITIVENI RABUKA and his 19 Ministers and Assistant Ministers warming their bums on the wobbly three legged stool are merely continuing the tradition left behind by the FijiFIRST PARTY regarding the trampling of the 2013 Constitution of Fiji: |  |
"Today I speak to you as leader of opposition and as the facilitator of the 2013 Constitution. I also speak to you as the former commander of the RFMF, the institution that helped facilitate the 2013 Constitution and which is overall responsible for the security, defence and well-being of Fiji and all Fijians. Rabuka was elected Prime Minister of Fiji on the floor of Parliament through the support of 3 political parties since the party he heads could not form government, without the support of NFP and SODELPA. FijiFirst of course is the largest political party on the floor of Parliament.
After Rabuka’s election as Prime Minister, I stated that this was democracy at work facilitated through the 2013 Constitution, a legacy of my leadership and of course the RFMF. Since the implementation of the 2013 Constitution the FijiFirst Government adhered both in spirit and practice to every single provision of the Constitution...
Unfortunately, since the evening of 24 December, over the past 7 days, we have seen indirect and direct assault on the very essence, values and principles on which the 2013 constitution was formulated. My purpose here this afternoon is not to list all incidences that have directly or indirectly or in an insidious manner undermined the 2013 Constitution but rather to inform Rabuka and his ministers that they should immediately stop doing what they are doing.
Rabuka, we think is caught in a time warp. He thinks that this is still the 80s and 90s. He and his 29 Ministers and Assistant Ministers believe that being in government they can do anything they like, they believe they can remove or appoint anybody they like from the civil service, boards and commissions and diplomatic positions without following the Constitution or the law..."
Opposition Leader, FRANK BAINIMARAMA
Bula Vinaka and a very good afternoon.
Today I speak to you as leader of opposition and as the facilitator of the 2013 Constitution. I also speak to you as the former commander of the RFMF, the institution that helped facilitate the 2013 Constitution and which is overall responsible for the security, defence and well-being of Fiji and all Fijians.
Rabuka was elected Prime Minister of Fiji on the floor of Parliament through the support of 3 political parties since the party he heads could not form government, without the support of NFP and SODELPA.
FijiFirst of course is the largest political party on the floor of Parliament.
After Rabuka’s election as Prime Minister, I stated that this was democracy at work facilitated through the 2013 Constitution, a legacy of my leadership and of course the RFMF.
Since the implementation of the 2013 Constitution the FijiFirst Government adhered both in spirit and practice to every single provision of the Constitution.
The 2013 Constitution facilitated common and equal citizenry, with every citizen to be called a Fijian; it set up independent institutions and allowed for the appointment through due and transparent processes independent heads of those institutions; it sent up transparent processes for appointment on merit of civil servants, board members, commissioners, heads of disciplined forces; it facilitated for the first time a wide range of civil, political and socio-economic rights; it guaranteed the protection of iTaukei land rights like never before and facilitated the sharing of royalty payments from mining.
The 2013 constitution in essence envisages and sets out processes that ensures, that despite the change of government, all its provisions must be adhered to, the sanctity of the independent institutions and its heads and the law must reign supreme both in spirit and practice.
Unfortunately, since the evening of 24 December, over the past 7 days, we have seen indirect and direct assault on the very essence, values and principles on which the 2013 constitution was formulated.
My purpose here this afternoon is not to list all incidences that have directly or indirectly or in an insidious manner undermined the 2013 Constitution but rather to inform Rabuka and his ministers that they should immediately stop doing what they are doing.
Rabuka, we think is caught in a time warp. He thinks that this is still the 80s and 90s. He and his 29 Ministers and Assistant Ministers believe that being in government they can do anything they like, they believe they can remove or appoint anybody they like from the civil service, boards and commissions and diplomatic positions without following the Constitution or the law.
I want bring to their attention that the year is 2023 and we have the 2013 Constitution.
We have heard reports that personnel from the Prime Minister’s Office contacted Commissioners from the Constitutional Offices Commission and from the Public Service Commission to tell them to resign because there is a new Government.
Anyone with basic acumen would know that these Commissioners stay on despite a change of government. These Commissioners weren’t informed that they had the right to stay on. And why was the Prime Minister’s office involved in this matter when the Constitutional Offices Commission and the Public Service Commission are independent bodies? Where is the Attorney General in all of this? Does he understand what is happening?
Why are we having a meeting this afternoon of the Constitutional Offices Commission to have and I quote “consideration of offices under the constitutional offices commission” when clearly these offices are not ‘under’ the COC?
We also have been reliably informed that the Attorney General visited the Honourable Chief Justice telling him to advertise various positions that fall under the Judicial Services Commission. Why is the Attorney General doing so? Doesn’t he understand the separation of powers? Doesn’t he understand that the Judicial Services Commission is an independent body?
Why is the Minister for Home Affairs asking the Commissioner of Police to tender in his resignation when clearly he has no powers to do so? And then why all of a sudden, the Constitutional Office Commission is having a meeting this Sunday afternoon? Are they trying to pre-empt the setting up of a Tribunal? Isn’t the entire process now tainted?
Why is the Minister of Home Affairs making statements about a complaint, which he lodged when he was not a Minister against the former Attorney General? Does he understand conflict of interest? Why then all of a sudden is a border notice issued against the former Attorney General, which has his name misspelt and the date of departure is incorrect?
Why are there volunteers and staff of NFP and Rabuka’s party walking around in government offices giving instructions to civil servants and monitoring the work and communications of civil servants?
We also have to ask, was His Excellency our President who appoints various Commissioners of independent bodies informed that his appointees were constructively forced to resign?
Again, ladies and gentlemen I wish to inform the uneven three legged stool government of Rabuka, that you have to follow the Constitution. You have to follow the law. You cannot do whatever you like. This is not the 80’s and the 90’s.
Please follow the Constitution and the law. Respect our civil servants, our permanent secretaries, and all those appointed to various boards, commissions and independent bodies.
I wish to take this opportunity to acknowledge and thank all those who have served under the various independent bodies and who were unfortunately forced to resign.
I also wish to inform all permanent secretaries and other civil servants and those serving on various boards, organizations and independent bodies - you must not resign from your positions, even though the new government and their supporters will bully you, intimidate you and even threaten you. Please be strong. You have not done anything wrong. You have been appointed through a due process and because you had the skill sets, know how, knowledge and acumen to contribute to your organisations and to Fiji. Do not leave your post.
Lastly I wish to thank all our well wishers and supporters. Thank you for your words of encouragement. Thank you for your open support despite an environment of intolerance and exclusivity that has been created by this new three uneven legged stool government.
A blessed new year to all Fijians.
God Bless Fiji.
Vinaka, and I thank you."
Today I speak to you as leader of opposition and as the facilitator of the 2013 Constitution. I also speak to you as the former commander of the RFMF, the institution that helped facilitate the 2013 Constitution and which is overall responsible for the security, defence and well-being of Fiji and all Fijians.
Rabuka was elected Prime Minister of Fiji on the floor of Parliament through the support of 3 political parties since the party he heads could not form government, without the support of NFP and SODELPA.
FijiFirst of course is the largest political party on the floor of Parliament.
After Rabuka’s election as Prime Minister, I stated that this was democracy at work facilitated through the 2013 Constitution, a legacy of my leadership and of course the RFMF.
Since the implementation of the 2013 Constitution the FijiFirst Government adhered both in spirit and practice to every single provision of the Constitution.
The 2013 Constitution facilitated common and equal citizenry, with every citizen to be called a Fijian; it set up independent institutions and allowed for the appointment through due and transparent processes independent heads of those institutions; it sent up transparent processes for appointment on merit of civil servants, board members, commissioners, heads of disciplined forces; it facilitated for the first time a wide range of civil, political and socio-economic rights; it guaranteed the protection of iTaukei land rights like never before and facilitated the sharing of royalty payments from mining.
The 2013 constitution in essence envisages and sets out processes that ensures, that despite the change of government, all its provisions must be adhered to, the sanctity of the independent institutions and its heads and the law must reign supreme both in spirit and practice.
Unfortunately, since the evening of 24 December, over the past 7 days, we have seen indirect and direct assault on the very essence, values and principles on which the 2013 constitution was formulated.
My purpose here this afternoon is not to list all incidences that have directly or indirectly or in an insidious manner undermined the 2013 Constitution but rather to inform Rabuka and his ministers that they should immediately stop doing what they are doing.
Rabuka, we think is caught in a time warp. He thinks that this is still the 80s and 90s. He and his 29 Ministers and Assistant Ministers believe that being in government they can do anything they like, they believe they can remove or appoint anybody they like from the civil service, boards and commissions and diplomatic positions without following the Constitution or the law.
I want bring to their attention that the year is 2023 and we have the 2013 Constitution.
We have heard reports that personnel from the Prime Minister’s Office contacted Commissioners from the Constitutional Offices Commission and from the Public Service Commission to tell them to resign because there is a new Government.
Anyone with basic acumen would know that these Commissioners stay on despite a change of government. These Commissioners weren’t informed that they had the right to stay on. And why was the Prime Minister’s office involved in this matter when the Constitutional Offices Commission and the Public Service Commission are independent bodies? Where is the Attorney General in all of this? Does he understand what is happening?
Why are we having a meeting this afternoon of the Constitutional Offices Commission to have and I quote “consideration of offices under the constitutional offices commission” when clearly these offices are not ‘under’ the COC?
We also have been reliably informed that the Attorney General visited the Honourable Chief Justice telling him to advertise various positions that fall under the Judicial Services Commission. Why is the Attorney General doing so? Doesn’t he understand the separation of powers? Doesn’t he understand that the Judicial Services Commission is an independent body?
Why is the Minister for Home Affairs asking the Commissioner of Police to tender in his resignation when clearly he has no powers to do so? And then why all of a sudden, the Constitutional Office Commission is having a meeting this Sunday afternoon? Are they trying to pre-empt the setting up of a Tribunal? Isn’t the entire process now tainted?
Why is the Minister of Home Affairs making statements about a complaint, which he lodged when he was not a Minister against the former Attorney General? Does he understand conflict of interest? Why then all of a sudden is a border notice issued against the former Attorney General, which has his name misspelt and the date of departure is incorrect?
Why are there volunteers and staff of NFP and Rabuka’s party walking around in government offices giving instructions to civil servants and monitoring the work and communications of civil servants?
We also have to ask, was His Excellency our President who appoints various Commissioners of independent bodies informed that his appointees were constructively forced to resign?
Again, ladies and gentlemen I wish to inform the uneven three legged stool government of Rabuka, that you have to follow the Constitution. You have to follow the law. You cannot do whatever you like. This is not the 80’s and the 90’s.
Please follow the Constitution and the law. Respect our civil servants, our permanent secretaries, and all those appointed to various boards, commissions and independent bodies.
I wish to take this opportunity to acknowledge and thank all those who have served under the various independent bodies and who were unfortunately forced to resign.
I also wish to inform all permanent secretaries and other civil servants and those serving on various boards, organizations and independent bodies - you must not resign from your positions, even though the new government and their supporters will bully you, intimidate you and even threaten you. Please be strong. You have not done anything wrong. You have been appointed through a due process and because you had the skill sets, know how, knowledge and acumen to contribute to your organisations and to Fiji. Do not leave your post.
Lastly I wish to thank all our well wishers and supporters. Thank you for your words of encouragement. Thank you for your open support despite an environment of intolerance and exclusivity that has been created by this new three uneven legged stool government.
A blessed new year to all Fijians.
God Bless Fiji.
Vinaka, and I thank you."
CHAPTER 10—IMMUNITY
Immunity granted under the 1990 Constitution continues
155. Notwithstanding the abrogation of the Constitution Amendment Act 1997 and despite the repeal of the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990, Chapter XIV of the
Constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in Chapter XIV of the Constitution of 1990 shall continue.
Immunity granted under the Limitation of Liability for Prescribed Political Events Decree 2010 continues
156.—(1) The immunities granted to prescribed persons for prescribed political events under the Limitation of
Liability for Prescribed Political Events Decree 2010 shall continue in existence.
(2) Notwithstanding anything contained in this Constitution, the Limitation of Liability for Prescribed Political
Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.
Further immunity
157. Absolute and unconditional immunity is irrevocably granted to any person (whether in their official or
personal or individual capacity) holding the office of, or holding the office in, as the case may be--
(a) the President;
(b) Prime Minister and Cabinet Ministers;
(c) Republic of Fiji Military Forces;
(d) Fiji Police Force;
(e) Fiji Corrections Service;
(f) Judiciary;
(g) public service; and
(h) any public office,
from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in
any proceeding including any legal, military, disciplinary or professional proceedings and from any order or
judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment
or involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament
elected after the commencement of this Constitution; provided however any such immunity shall not apply to
any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution).
Immunity entrenched
158.—(1) Notwithstanding anything contained in this Constitution, this Chapter and any immunity granted or
continued in this Chapter shall not be reviewed, amended, altered, repealed or revoked.
(2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have the jurisdiction to
accept, hear or make any decision or order with respect to any challenge against the provisions of this Chapter and any immunity granted or continued in this Chapter.
(3) No compensation shall be payable by the State to any person in respect of damage, injury or loss to his or
her property or person caused by or consequent upon any conduct from which immunity has been granted under this section.
Immunity granted under the 1990 Constitution continues
155. Notwithstanding the abrogation of the Constitution Amendment Act 1997 and despite the repeal of the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990, Chapter XIV of the
Constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in Chapter XIV of the Constitution of 1990 shall continue.
Immunity granted under the Limitation of Liability for Prescribed Political Events Decree 2010 continues
156.—(1) The immunities granted to prescribed persons for prescribed political events under the Limitation of
Liability for Prescribed Political Events Decree 2010 shall continue in existence.
(2) Notwithstanding anything contained in this Constitution, the Limitation of Liability for Prescribed Political
Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.
Further immunity
157. Absolute and unconditional immunity is irrevocably granted to any person (whether in their official or
personal or individual capacity) holding the office of, or holding the office in, as the case may be--
(a) the President;
(b) Prime Minister and Cabinet Ministers;
(c) Republic of Fiji Military Forces;
(d) Fiji Police Force;
(e) Fiji Corrections Service;
(f) Judiciary;
(g) public service; and
(h) any public office,
from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in
any proceeding including any legal, military, disciplinary or professional proceedings and from any order or
judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment
or involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament
elected after the commencement of this Constitution; provided however any such immunity shall not apply to
any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution).
Immunity entrenched
158.—(1) Notwithstanding anything contained in this Constitution, this Chapter and any immunity granted or
continued in this Chapter shall not be reviewed, amended, altered, repealed or revoked.
(2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have the jurisdiction to
accept, hear or make any decision or order with respect to any challenge against the provisions of this Chapter and any immunity granted or continued in this Chapter.
(3) No compensation shall be payable by the State to any person in respect of damage, injury or loss to his or
her property or person caused by or consequent upon any conduct from which immunity has been granted under this section.
