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TOLERANT ISLAM: Immigration and Defence Minister Timoci Natuva joins Indo-Fijian Muslims to celebrate International Day of Eid Milad ul Nabi! 

19/12/2015

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MORE than 500 Muslims gathered in Ba to celebrate the International Day of Eid Milad ul Nabi

Believers of the Muslim faith took the day to reflect on the life of Prophet Mohammad.

Joining the celebration was Minister for Immigration, National Security and Defence Timoci Natuva, who honoured Muslims across the country for their contribution to the development of the country.

"It is very reassuring to witness with the presence of so many and the trust, faith and spirit of togetherness that we have fostered among us," he said.

"Without any doubt, I know that the teachings of Prophet Mohammad that include a quest and desire for peace, tolerance, understanding, harmony and unity are living among us.

"The Government, on behalf of the people of Fiji, acknowledges the unceasing contributions of the Muslim community in Fiji to the development of the nation.

"The Muslim community has made its mark in various fields that include education, commerce, religion, politics and agriculture and representation in Government."

He said despite rising global challenges, it was important that different communities worked together. Source: Fiji Times

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Aiyaz Sayed Khaiyum on Fiji Muslim League - has the League reformed?
"Most Muslims in Fiji know that certain officials treat the League and its branches as their own little fiefdoms. Fiefdoms, where nepotism is known to be rampant at most times; where certain families and individuals have reigned as executives literally for decades; where children and families of well-to-do officials benefit from scholarships which were and are meant for poor students; where chairs of numerous committees are held by single individuals; where businessmen and business interests are over represented; where women, the youth, various provinces and other denominations are either underrepresented or not represented at all; where appeals to religious dogma and unity are utilized in response to queries of administrative/financial discrepancies and where certain individuals view the League merely as a means to acquire access to power, influence and ultimately money -
all under the guise of "protecting Muslim interests."
 

PictureThirteen years later - imposes his own 2013 Constitution on Fiji and the highly skewed D'Hondt electoral system, with the help of traitorous hand-picked election commissioners, including Professor Vijay Naidu of USP
Letter: Critique of FML decision to make submission to [1997] Constitution Commission 

(Letter from A S Khaiyum) 

The claim by some executive members of the Fiji Muslim League ('League') that Muslims support a review of our [1997] Constitution and demand separate seats merely because the executive says so is a gross misrepresentation of the views of the everyday and majority of Muslims in our country. The executive lack the mandate to speak as a representative body for Muslims since the League has been and is essentially an administrative institution managing and maintaining mosques, schools, orphanages, a sugar cane farm and real estate. In addition to the lack of mandate the arguments and justifications espoused by the executive for a review and separate seats are flawed.

They are flawed because our Constitution, in particular the Bill of Rights, namely sections 38(2) and 35 more than adequately guarantee and protect religious freedom and minority rights. 
 
Indeed if an almost identical South African Bill of Rights provision protects the rights of the minority South African Muslims then what is so special about and differentiates Muslims in Fiji? On the basis that last century the then nascent League made submissions on separate seats, it is argued today that so called Muslim rights will be achieved if these seats as submitted then are allocated now. To refer to a resolution passed some seventy years ago, in an era with its own specificities and dynamics, as justification for separate seats in today's Fiji illustrates a complete ignorance and denial of our political, social and constitutional history/experience as a nation-state. Indeed if we were to hark back and uphold the standards of 1929 then commoner indigenous Fijians and women would not have the right to vote. Fiji and the rest of the world have moved along.

Clearly such absurd referrals to the past illustrate an enormous vacuum in basic critical thinking and analysis, discourse and a general prevalence of obscurantism within the executive.
 
Furthermore, it aptly demonstrates a complete ignorance of contemporary developments in and interpretations of Islamic law and jurisprudence vis-a-vis constitutional, human rights and international law and conventions. More tragically, however, the opportunism of the executive displays the absence of and lack of belief in justice, compassion, selflessness and basic human decency. Most Muslims in Fiji know that certain officials treat the League and its branches as their own little fiefdoms.

Fiefdoms, where nepotism is known to be rampant at most times; where certain families and individuals have reigned as executives literally for decades; where children and families of well-to-do officials benefit from scholarships which were and are meant for poor students; where chairs of numerous committees are held by single individuals; where businessmen and business interests are over represented; where women, the youth, various provinces and other denominations are either underrepresented or not represented at all; where appeals to religious dogma and unity are utilized in response to queries of administrative/financial discrepancies and where certain individuals view the League merely as a means to acquire access to power, influence and ultimately money - all under the guise of "protecting Muslim interests."
 


Indeed the absence of proper representation, transparency, accountability and ultimately legitimacy also plague other local institutions in contemporary Fiji. The executive of the League cannot and does not represent the political opinion, views, philosophies of individuals or the bulk of Muslims in Fiji. These self appointed guardians do not speak for the masses. Therefore, the current administration and all Fiji Islanders must understand and recognize the majority of Muslims who believe in basic human decency, justice, democracy and constitutionalism reject the idea of separate seats and/or a review of our 1997 Constitution. 

Aiyaz Sayed-Khaiyum
University of Hong Kong
Hong Kong
[email protected]
August 2000



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Professor Yash Ghai and his former student Aiyaz Khaiyum - University of Hong Kong connection
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“Then they came for me: no voice for Padma” 

(Edited article in The Fiji Times, 12 Dec. 2015)

By Wadan Narsey

I have previously refrained from writing about the Bainimarama Government’s banning from Fiji of Dr Padma Lal (wife of Professor Brij Lal) from Fiji, because she is my sister and it would be perceived as a “conflict of interest”.

But more and more, senior executives in government and public enterprises suddenly resign, allegedly “for personal reasons” which often means, given that they are at the height of their experience and ability, that they were being pushed out.

Or they are just brutally given their marching orders, resisted with futility sometimes, just as some executives at a major media company were, and to rub salt into the wound, their marching orders are often given by expatriates of dubious merit, appointed to high positions by the Bainimarama Government.
If they are lucky, they are put out to pasture in sinecure appointments here and there or in embassies overseas.

Prominent newspaper publishers have been deported for doing their jobs professionally and ethically.

You can draw up your own list of such persons.

What is shocking however, is that there has been no public outcry at possibly unfair terminations of contracts.
It might be too much to expect individuals to protest publicly. They may feel too exposed (it is hard enough for them to criticize the government privately to me, as they look over their shoulders to check who might hear).
But one does expect organizations associated with the “dis-employed” person to publicly register their protest if there is any possibility of an unfair dismissal decision.

But that does not happen either, just as it did not when Dr Padma Lal (and Dr Brij Lal) were banned from entering Fiji.

I shall only write about the failure of institutional responses, and only with respect to Dr Padma Lal, about whom the Bainimarama Government said not a word, and whose only “crime” seems to be that she is married to Brij Lal.

Who is Padma?

She is a Gujarati girl from Toorak, one of the first science graduates and indeed gold medalist from USP, who later taught at USP.

She did pioneering work in marine biology, and a pioneering PhD in environmental economics in relation to Fiji’s marine environment and the interface with commercial agriculture.

She became an expert in the sugar industry, with her book Ganna  (“sugar cane” in Hindi) bringing together a collection of articles analyzing most problem areas in the sugar cane and milling industries, including detailed analysis of the productivity (or rather the lack of it) in the cane farms and sugar mills.

She has worked for, and developed solid reputations with international scientific research organizations like ABARE, IUCN and CSIRO.

She was deemed good enough in 2008 to be the Chief Guest at USP’s medal awards ceremony, conducted under the current Vice-Chancellor.

She also recently applied for a professorial position at USP in her field, and was denied an appointment for unstated reasons, despite being a regional person eminently qualified for that position.
She and her husband bought a house in Suva, intending to spend more time and work in Fiji and the Pacific.
Unlike her abrasive, undiplomatic and politically incorrect older brother, she networked widely and contributed in many fields.

She served on the Gujarat Education Society Board; participated in the events of the Rajput Society (the dhobis) of which she and I are part; she was a Rotarian; and goodness knows what else she threw her abundant energy at.

She was an ideal peaceful decent law-abiding citizen and resident of Fiji, far more than the myriads of foreigners who have been welcomed in Fiji by the Bainimarama Government.

Yet Dr Padma Lal has been banned from entering Fiji, for no other reason than that she was married to Professor Brij Lal.

This academic, armed only with her laptop and spreadsheets analyzing the productivity of the sugar industry or the economic value of some marine environment, was deemed by the Minister for Home Affairs and former RFMF officer Timoci Natuva, to be dangerous for the security of Fiji.

Questions were asked in parliament, with totally unconvincing answers being given as the cause for the banning, other than that it was a “collective” decision coming from the Prime Minister’s Office, they had the “right” to make the decision, and the decision was final.

How utterly ridiculous.

There is no comparison to be made between Dr Padma Lal’s talents and contributions to Fiji, with those of the individuals who made the decision to ban her.

So why have the institutions been silent?

The quiet institutions

The management of the University of the South Pacific, of which Dr Padma Lal is undoubtedly one of the luminaries, both as a student and academic, said not a word in protest, and neither did the Staff Association.
Neither did any of the other Fiji universities utter a word of protest.

The Fiji Association of Women Graduates said not a word.

The sugar industry organizations who all stood to benefit from Padma’s work said not a word.
The IUCN, Padma’s employer, said nothing publicly.

The Fiji Women’s Rights Movement and the Women’s Crisis Centre, both led by CEOs who were both junior to Dr Padma Lal and know her extremely well, both professionally and socially, said not a word.

The Gujarat Education Society and the Rajput Society said not a word in protest.

The Hindu religious organizations (yes, Padma was a practicing Hindu) the Arya Samaj and the Sanatan Dharam said not a word, and neither did any of the Christian religious organizations.

The CCF said nothing.

The Rotary Club said nothing.

The Law Society, perhaps not concerned about what happens to foreigners even if they are distinguished former citizens making great contributions to the country of their birth, said nothing.  But neither are they particularly concerned about the lack of justice for their own fellow citizens.

A massive number of former academic colleagues of Padma Lal, many of whom appear often in Fiji and in the media extolling the virtues of the Bainimarama Government, said nothing publicly.  They also include a very prominent current Minister in the Bainimarama Government (Dr Mahendra Reddy) who worked closely with Padma in researching the sugar industry.
What is going on?

Not lack of ethics or morals

It would be too easy and wrong to accuse all the individuals who are heads of these organizations of personal cowardice or lack of morals and ethical principles.

I know that most (not all) of the individuals concerned are upright law-abiding moral citizens.

Should any friend or relative suffer a death in the family, they will be there to share grief, just as they gladly share the joy at births and weddings.

So how explain the institutional silence at the injustice against Dr Padma Lal, which is so blatant and clear-cut that not even the Government propaganda outlets have supported her banning.

Even a prominent academic arduously pro-Bainimarama blogger in NZ (Professor Croz Walsh) expressed dismay that the Fiji government was spurning the enormous potential contributions of Dr Padma Lal (and Professor Brij Lal) to Fiji.

How explain that collectively, the institutions they lead, have demonstrated for the last nine years, a horrible silence in the face of so many injustices to individuals in government and public enterprises.

One can only conclude that despite the election of a parliament, there continues a culture of intimidation, fear and silence, even when individuals in our society are blatantly denied their basic human rights, including the right to visit Fiji, or even the right to life.

This does not bode well for Fiji’s future.

Pastor Martin Niemöller, a victim of Hitler’s Nazi Germany, once wrote:

 First they came for the Socialists, and I did not speak out--
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out--
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out--
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.


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CHEATING HIS WAY TO THE TOP: Now, it emerges that a day before Tiko was announced as the new PS Education, the "Masi Polo" Tiko was awarded Education Minister Reddy's BEST EMPLOYEE OF THE YEAR! 

19/12/2015

9 Comments

 

Education Ministry staff were shocked when they were told of the 'Best Employee' award to Tiko at the end of year social event -
'Caribbean Night'  theme at the Fiji Museum!

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Dear Fijileaks:  This Mahendra Reddy education minister failed his Form Six. He just managed to pass on his second attempt and then went to Samoa to do his Diploma in Agriculture - massaging/bribing the lecturers to eventually get the degree...and later massaging/bribing Professor Vijay Naidu to get the Development Studies scholarship

Ministers CV: Ministry of Education

DR.MAHENDRA REDDY – HONOURABLE MINISTER FOR EDUCATION, HERITAGE AND ARTS. Honourable Dr. Mahendra Reddy is a well known and respected academic. He was an award winning scholarship student at the University of the South Pacific and University of Hawaii. He then did a Master of Science degree in Agriculture and Resource Economics on a Fulbright Scholarship at the University of Hawaii and a PhD on an East-West Centre Fellowship, also at the University of Hawaii.

In 1998, Honourable Dr.Reddy began his career teaching Economics at the University of the South Pacific prior to becoming Lecturer in Development Studies. He then rose to the rank of Senior Lecturer Development Studies in 2002 and Senior Lecturer in Economics in 2005. He was then promoted to Associate Dean of the Faculty of Business and Economics in 2007 and Associate Professor of Economics in the same year. In 2008, Honourable Dr. Reddy became the Head of the USP School of Economics before being transferred to the Fiji Institute of Technology in October of the same year as the Dean of the Faculty of Commerce, Hospitality and Tourism Studies.

The Honourable Dr.Reddy was appointed as the Chair of the Commerce Commission in March, 2009. In January, 2010, he was appointed the Dean of the College of Business, Hospitality and Tourism Studies at the Fiji National University and in January 2014, he was appointed Director of Reserve Bank of Fiji.

In 2014, after the overwhelming victory of the Fiji First Party, Honourable Dr.Mahendra Reddy was appointed as the Minister for Education, Heritage, Culture and Arts. The Honourable Dr.Reddy also has an impressive record of consultancies for national and international agencies. The most recent is undertaking detailed research for the establishment of Fiji’s first ever National Minimum Wage. The Honourable Minister has also published widely in research and scholarly journals and books, and is an expert commentator in the media on development and economic issues.

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GENDER INEQUALITY: Is there a poverty of women that Koroiveuta was appointed Permanent Secretary for Women; so much for Minister Rosy Akbar's championing of gender equality in FFP dominated Parliament?

19/12/2015

6 Comments

 
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Dr Josefa Koroivueta was appointed Permanent Secretary for Social Welfare, Women and Poverty Alleviation
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The PSC chairman and regime lackey Vishnu Mohan - kept women away from the job
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GREASING HIS APPLICATION: Director, Curriculum Advisory Services at Education Ministry Tiko is the new Permanent Secretary for Education, Heritage and Arts; Now, we know why he was Reddy's "Masi Polo" poodle

18/12/2015

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FNUGATE UPDATE: Reddy and Ikbal Jannif planning to let former acting VC Ian Rouse quietly depart FNU and Fiji as EU demands millions back over EU funded and FNU administered Kiribati projects; not to mention the abuse of visa cards by Rouse and Kafoa, exposed in audit reports!
As promised, we will publish the report in its entirety; we have also passed the contents to FICAC and Fiji Police for action.
Fijileaks has been inundated with so many leaks about "Rotten Fiji" under FFP government that we are struggling to cope with revealing all leaks but rest assured we will keep exposing your LEAKS to us!
And keep sending to: [email protected]


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Fijileaks: This "Masi Polo" native Fijian JUDAS Tiko (above) had threatened to cut off financial contribution to Fijian Teachers Association if Leawere and others did not publicly show support to bullying Education Minister Reddy; we had not disclosed this information after pleadings from  FTA; in fact, Reddy had personally phoned and threatened to stop the funding if Fijileaks continued to reveal the rotten state of affairs at Education Ministry; Tiko to Leawere, 15 January 2015: 'In stating the above Sir, The MOE is awaiting the FTA executives to practice a little show of respect and present at least a little 'matanigasau' to the MOE and its Hon. Minister after the serious of negative comments and unprofessional attacks voiced in the media and blog sites.' 

And the "Fijian JUDAS" TIKO had arranged with Fiji Sun to
capture the HUMILIATION, dished out at the Waisomo House car park in Suva, on 3 March 2015; it also confirms Fijileaks repeated plea to SODELPA, before and after the general election, to STOP playing the INDIGENOUS CARD, for 40 per cent (plus) native Fijians and 100 per cent of the boot boys and navy frogs are the real culprits in post-coup Fiji!

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Fijileaks: Here is the level and competence of his written English - Fiji's new Education Secretary Iowane Tiko:

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From: "Iowane P. Tiko"
Date:15/01/2015 8:20 PM (GMT+12:00)
To: [email protected]
Cc: Mahendra Reddy ,Kelera Taloga ,Eroni Loganimoce ,Vijay Nath ,"Sunia K. Marayawa"
Subject: REFORM IN PARTNERSHIP


Dear Mr Leawere & FTA executives,
Eroni's appointment was decided within the MOE through normal appoinment powers vested within the MOE PS on the concurrence of the Hon. Minister. Eroni has proven his ability to produce what is wanted on time to the A/PSE and the Minister's table over the period of service.  In regards to this officer's qualification the MOE can only state the following for the FTA's information. That under Republic of Fiji Government Constitution 2013 , Chapter 6- State Services, Part A Public Service -Values & Principles clause 127 (7) - The PS of each Ministry shall have the authority to appoint, remove and institute disciplinary action against all staff of the Ministry, with the agreement of the minister responsible for the ministry.  This is in fact the power that was exercised by the MOE authority to appoint Eroni. Furthermore, clause 127 (8)-then states that the PS of each ministry, with the agreement of the minister responsible for the ministry, has the authority to determine all matters pertaining to the employment of all staff in the ministry, including-
sub-clauses a) - d). We ask your good office Sir to please flip through the above clauses of the Republic of Fiji Constitution 2013, which is the Highest Law of the Land.  For that reason  and to answer the other points raised within your office's concern Sir we are confident to inform your good office that:


1. Eroni Loganimoce had qualified and was promoted to Principal Administrative Officer (Personnel) in 01/10/2012 from PSC and had proven himself to be a performer since then. Whilst in PSC he had formulated Policies on HR and even collated the “GO” and the “Terms and Conditions of Employment for Government Wage Earners.”

2. The authority is within Section 127(8) of 2013 Constitution therefore need not to seek PSC’s approval. Eroni has been performing exceptionally well even before he join the Ministry of Education. He is pursuing his Executive MBA in order to excel to higher positions in Government. Besides, he have; a Diploma in Economics; Registered Trainer; and an Executive Diploma in Leadership sponsored by PSC for all Directors and DSs in 2013 and Eroni was recognized because of his abilities and performance.
3. The 3 New Directors are savings from tradeoffs of position and are within the Ministry Budget provisions
4. Mr. Naleca has been side way transferred to ED1D position and therefore the PEO (ESU) is vacant.
5. AAO Busfare is a Project Post and is specifically for Busfare procurement and payments and was established  in January 2014.  The other AAO is an established position and are responsible for general Ministry’s compliance.

In stating the above Sir, The MOE is awaiting the FTA executives to practice a little show of respect and present at least a little 'matanigasau' to the MOE and its Hon. Minister after the serious of negative comments and unprofessional attacks voiced in the media and blog sites. Since when had we gone out there to be parties to dirty verbal attacks on the blog-sites? Blog-sites are not for professionals to be firing at each other.  If the Union is serious about positively contributing to the development of education in Fiji and has a pure heart for caring for and enhancing education for the future generations of our beloved nation then we beg your good office to come and seek reconciliation with the highest office of education on the land. Lets not put to waste what good understanding and relationship that had been fostered previously by our union leaders whom have partnered positively with MOE to shape the Fiji Education system to what it is today.

The world is changing, and as Tom Friedman has demonstrated, it is increasingly flat. Globalisation is changing everything about how we work, how we communicate and ultimately how we live. It is critical for us in Fiji to note and learn that Financial responses and issues alone will not safeguard our economic and social well-being, and that substantial, strategic investments in education and a professional attitude to 'spartnership are essential to Fiji education system's long-term prosperity and to our success as a democracy. We cannot bail ourselves out of this crisis through continuously attacking each other unnecessarily for it will show the outside world that our teacher Unions and the MOE have got it ALL WRONG.  It is with due urgency that we need to foster partnership for the sake of our future generations to come.

May God BLESS FIJI, FTA and MOE

Vinaka Saka Vakalevu

Iowane P Tiko
PEO(ESU) for MOE


FIJILEAKS has documentary evidence that Eroni Loganimoce had written to the Ministry of Education to put him in the said position with the appropriate salary.
http://www.fijileaks.com/home/reddygate-fta-to-mahendra-reddy-what-qualification-does-eroni-loganimoce-have-for-you-to-upgrade-his-salary-from-39452-to-44068
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From Fijileaks Archive, 13 December 2015:

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http://www.fijileaks.com/home/reddy-wheels-out-his-poodle-iowane-ponipate-tiko-to-attack-mika-leawere-claiming-leawere-is-a-serial-antagonist-against-minister
DEFENDING HIS MASTER: TIKO'S LETTER TO FRANK BAINIMARAMA

4th December, 2015.

 
The Honorable Prime Minister,
Rear Admiral Ratu Voreqe Bainimarama,
The Prime Minister’s Office,
Government Buildings,
Suva.
 
Dear Sir,
 
RE: RECENT ATTACK ON DR MAHENDRA REDDY BY HON. MIKA LEAWERE
 
It is with due respect to your high office Sir, that I as the senior advisor to the Minister for Education write to affirm to your good office that the Honorable member of opposition, Mika Leawere’s  recent attempt to defame our Honorable Minister for Education is uncalled for and filled with untrue allegations that lacked verified facts.
 
Honorable Prime Minister Sir, the senior staffs of the Ministry of Education do seriously support the reforms.  Some of these reforms we have begun implementing within the Ministry of Education as we seek to upgrade our Ministry to what it ought to have been long ago. We believe that in implementing the reforms we would enable our nation face the 21st century challenges in education that has assaulted our educational shores.   We as his senior officers do believe that Dr. Mahendra Reddy is our right Minister that is taking education for Fiji’s younger generations in the right direction.
 
We have seen that his direction is where the Fiji Government can confidently enable and support our citizens realize their constitutional rights to education; in addition to education and fulfillment of our children’s dreams through the many initiatives provided by our Fiji First government. This is also in tune with achieving our longtime dream to create our own knowledge-based Fijian educated society. 
 
Honorable Prime Minister, Sir, we need to affirm that this is not the first time the opposition member of parliament  (Mr. Mika Leawere) has unprofessionally attacked our Minister for Education as we have records of his articles in some blog sites and some from the Fijian Teachers Association executives records.  Sir, the honorable member of opposition was employed at the Fijian Teachers Association before joining parliament.  He created all sorts of problems between the Fijian Teachers Association (FTA) executives and the Ministry of Education and it was also the same member of parliament that brought the executives members of the Fijian Teachers Association (FTA) to present their matanigasau to the Honorable Minister for Education and senior staff of the Ministry earlier this year to try and restore peace between the two organizations that were supposed to be both working in partnership in developing education for all Fijians in Fiji.
 
The reforms that we have embarked on included the need to support our schools with adequate infrastructure, to ensure best teachers’ delivery and strengthening a comprehensive curriculum content benchmarked alongside some of the best curriculum from around the world but reconsidered and re-contextualized to suit our very local demands and needs; those of our children and our teachers in their classrooms in Fiji today.  In the whole reform approach, we have tried as a team in the Ministry of Education to deliver the best education package that this nation has been waiting for, for decades. 
 
Unfortunately Sir, we are facing some old mindsets that are taking time to change but recent monitoring are seeing most of them embracing the reforms and moving forward with a new vision and executing their work to the best of their ability.  Many teachers in our nation are still raw in their computer skills and many of our schools still lack needed resources in areas of education technology. Despite the differences that exist, we are trying our best to use technology in our classrooms.  The digital learning challenges that we face, in some of our schools, due to zero network access, unreliable energy sources in most of our rural schools and teacher’s lack of exposer to such skills and practices do not defeat our quest to reach the summit of Education technology and enable our teachers and children enjoy it as a reality.  The Honorable Minister is with us all the way and he is serious in seeing it through.  As your good office may recall, our Ministry has already launched its Digital Literacy Initiative Sir and we look forward with interest that these needs from our teachers and students will soon be adequately addressed.  
 
On a more modern approach to school administration, the Ministry of Education presently boasts about its FEMIS web sites where primary and secondary schools from all around Fiji are enjoying the ease of administering their school reports and monthly absence returns through the internet. In addition, the Ministry and the Consultants are further perfecting its latest electronic pages for better monitoring of school supplied text books, monitoring of students’ attendance, the recent progress of Literacy and Numeracy assessment results and many more.  It is also interesting to note that teachers are adhering to reporting templates and reporting processes using the internet.  They are learned and are now e-mailing from their schools to the Ministry through their individual district educational offices from our nine education districts.  Sir, these were unknown and unpractical in the past but are possible today from schools with just a click of a button.  
 
Honorable Prime Minister, Sir, our post processing system before was riddled with unprofessional gaps that was breeding corruptible practices within our Ministry for many years and could provide any senior officer of the Ministry to be biased in an appointment of an officer to a position. The previous system used to be abused by the Union reps and even some previous senior staffs of the Ministry of Education.   The Honorable Minister for Education, Dr Mahendra Reddy introduced a more professional, sensible and reliable post processing system that specifically included the demarcated roles in appointment, of the Permanent Secretary, with the concurrence of the Hon. Minister for Education as provided within our constitution.
 
Unfortunately Sir, some teachers who were used to the corrupt and unprofessional approaches before thought they could just win confirmation to a position for being a yaqona mixer and server at one of our teacher union Headquarters. The Ministry of Education has gotten rid of such practices as this is seen as unprofessional and full of nepotism. We are thankful to the Honorable Minister for Education for encouraging all senior staff to be professional in addressing matters on promotion of teachers and reiterated that teachers appointed ought to be the best out of all applicants.  They ought to be the most meritorious, qualified and experienced as well as be commended highly from school management boards or their local school committees. 
 
All post processing of teachers are currently addressed using this professional matrix that our new Minister introduced.  During the Honorable Minister’s term in office, so far, we at the Ministry have managed to clear overdue appointments that were either four to five years pending.  Most teachers continuously act on position without a realistic confirmation for a number of years.  This did not only apply to teachers, for it also included senior positions within the Ministry of Education. 
 
The Honorable Minister for Education had also put a stop to continuous old practices of appointing unqualified people in advance to act in certain positions of the Ministry thus he has called that all vacant positions be advertised and the most meritorious person that meets our internal post processing matrix (scores the highest point) be awarded the post.
 
Finally, Honorable Prime Minister, Sir, certain positions of office within the Ministry require management roles thus the rename to ‘manager’; this also remind holders of such positions that they are to manage the effective processing and delivery of information within the Ministry of Education. This is especially to the office of the Honorable Minister for Education and the administration office of the Permanent Secretary for Education.  The fear that these units may think that they are stand-alone units on their own needed to be averted thus reminding them that their office functions is to inform the two high offices of education in our country.  The History of the Ministry of Education Honorable Prime Minister Sir, shows that previously, positions or units have been renamed just to depict a much specific identity of the units core function.
 
In conclusion, Honorable Prime Minister Sir, we recommend that honorable member of opposition, Mikaele Leawere’s letter be disregarded as it holds no water and is erroneous and filled with unsubstantiated facts; only meant to bring disrepute to one of your dedicated, loyal, selfless and hardworking member of parliament, the Honorable Minister for Education, Dr Mahendra Reddy.  Sir it is the intention of the Ministry in this letter to set the records straight so as not to allow the public or members of opposition such as Honorable Leawere misinform our highest office of government.
 
Submitted with Respect
 
Yours Faithfully,

Iowane P Tiko | DCAS & HMEd’s Advisor
Ministry of Education | Waisomo House
Email:  [email protected]
Phone:  3314477| 3313050| 8909626|
“Education is the most powerful weapon which you can use to change the world”
(Nelson Mandela)
The path of the virtuous leads away from evil;whoever follows that path is safe (proverbs 16:17)

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SHIFTING BLAME: Education Minister Mahendra Reddy terminates Director of Exams Seci Waqabaca and replaces him with "peeping tom" Nasoni Rabuka Mua who has close connections with Frank Bainimarama

17/12/2015

15 Comments

 

Mua was removed from Manuweni College and placed at the Ministry of Education in 2005 for "making a girl climb on the table to wipe the ceiling fan and he was from underneath peeping at her panty". Because he was able to bribe the Education Officers, he was able to remain in the Education Office and become an education officer in the Fiji teachers registration board. Reddy got scared of him (Mua) at the beginning of the year. He (Mua) was given an immediate transfer letter to resume at the Drug and Substance Abuse office. Mua used his connections at the Prime Ministers Office and Reddy received orders to put a stay to the transfer!

Reddy's good buddy (chamca) Yogesh Krishna and the inexperienced PEMAC HOD is the Principal Education Officer. He never prepared, marked or analyzed exam results at the school level so imagine the National results.

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ZILCH: Many students got ZERO in physics

Reddy made a statement in the media telling that Form 7, Year 13 results are out and there is a 100% pass rate. He later changed tune, telling the media it was a mistake but all students have qualified to enter university. Fijileaks to Reddy: 1) An aggregate of 200/250 is required to enter the university. An aggregate is English plus best 3 subjects. 2). An analysis of the result shows that more than 50% of the students have failed English. So how can, MR EDUCATION MINISTER, all students go to university?

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http://www.fijileaks.com/home/fnu-teacher-graduates-sent-out-to-schools-without-passing-their-ba-education-primarysecondary-degree-now-fnu-taking-exam-papers-to-their-respective-schools-for-re-sit-reddy-sleeping-on-the-job

Fijileaks: More to follow!

HOW DARE YOU BE ALLOWED TO RUN MINISTRY OF EDUCATION?

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15 Comments

FIJILEAKS among top 100 for the 2016 Freedom of Expression Awards! VICTOR LAL and Fijileaks selected with 26 others for Journalism Award

16/12/2015

17 Comments

 
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"For the first time, Index is sharing its long list, featuring 100 remarkable champions against censorship" - Index on Censorship
Fijileaks is honoured to be sharing the nomination alongside Charlie Hebdo, the French satirical magazine whose journalists were slaughtered in Paris; Fiji's authoritarian chairman of Media Industry and Development Authority (MIDA), ASHWIN RAJ, had shamelessly declared that the Charlie Hebdo dead journalists were victims of unfettered free speech;
of course, he was using the slaughter in Paris to justify the draconian media decree in Fiji

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"A great journalist once remarked that the purpose of the media was to comfort the afflicted and afflict the comfortable. We might add that it aims (or should aim) to be a voice for the voiceless.The people of Fiji neither trust nor believe the onshore government-controlled media which is why Fijileaks is gathering such a following. For readers can be sure they are receiving frank, unbiased and above all accurate news and analysis untainted by the subversion of a corrupt and despotic regime. It’s why Fijileaks Editor-in-Chief Victor Lal so richly deserves the recognition he has received. Long may it continue."
RUSSELL HUNTER, former publisher and editor-in-chief, Fiji Sun, deported from Fiji and declared persona non grata by the Fijian military dictatorship; Co-Winner with VICTOR LAL, of Fiji's prestigious Robert Keith-Reid Award For Outstanding Journalism, 2008

“The individuals and organisations listed in the #Index100 demonstrate courage, creativity and determination in tackling threats to censorship in every corner of globe. They are a testament to the universal value of free expression. Without their efforts in the face of huge obstacles, often under violent harassment, the world would be a darker place,”
Index on Censorship CEO Jodie Ginsberg

Date: Wed, Dec 16, 2015
Subject: World Freedom of Expression Awards 2016 - the #Index100
To: [email protected]

Dear Victor,  

I'm writing to update you about Index on Censorship's 2016 Freedom of Expression Awards. 
 
We are delighted to inform you that you have been named as one of the 100 long-listed finalists - the ​#Index100. You will appear on our map here later today (16th December) and continue to be considered for the 2016 awards. A final shortlist of 16 candidates will be announced in late January.
 
Index on Censorship supports your excellent work, which we believe is crucial in the ongoing fight to improve conditions for free expression globally. We sincerely hope you will continue your fantastic efforts to combat threats to free speech. 
 
As you know the awards are open to all, with nominations crowdsourced from across the world. We received hundreds of suggestions and it's been a huge privilege to learn more about them all. 
 
The amount of courage, creativity and resilience being demonstrated in tackling threats to censorship in every corner of globe is testament to the universal value of free expression. Thank you for your interest and participation in the Freedom of Expression Awards. And please do stay in touch - we would welcome ongoing  updates on your work.

 
Best Regards,
David

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VICTOR LAL'S JOURNEY TO FREEDOM OF EXPRESSION AWARD 2016:
1987 Sitiveni Rabuka Coups:

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Excerpt from Fiji: Coups in Paradise
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Victor Lal, in Fiji's Daily Post, 6 May 1999
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SVT'S party secretary EMA DRUAVESI, 7 May 1999: "By no means can Prime Minister be compared to the brutal dictator Pinochet, nor can we compare the 1987 coups to the coups in Chile in 1973 and what happened there...With the exception of Victor Lal, I do not think any Fijian or Indian overseas will want to waste his or her time and money trying to take Rabuka to court"; a day before Victor Lal had outlined two possible charges against Rabuka, one of treason and another of torture and kidnapping, based on the arrest of Pinochet in London.

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Fifty years ago, Chilean author Ariel Dorfman wrote down the seed of a story, which he then lost in his years of exile during General Augusto Pinochet’s dictatorship. Recently he revisited the idea and realised how to develop it into his new short story, All I Ever Have, which is published for the first time in the latest Index on Censorship magazine. Vicky Baker speaks to him about its key theme of music as resistance
Writer Ariel Dorfman remembers the exact moment the idea first came to him for his latest short story, All I Ever Have. It was 7 January 1966, his wedding day. As dawn broke over Chile, an image came into his mind of a man in a military band, playing a defiant, rebellious song on his trumpet. Just seven years later General Augusto Pinochet would seize power. Read more here


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See Full Report at Coupfourpointfive: http://www.coupfourandahalf.com/2010/06/coup-apologist-ema-druavesi-and.html

2000 George Speight Coup (Failed) - Victor Lal's public and behind-the-scene role in bringing George Speight's TREASON to an end! Bainimarama had signed the Muanikau Accord, freeing Speight

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Fijileaks has decided to conceal the identity of the
Fiji High Court Judge, 22 August 2000:

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On 29 May 2000 Bainimarama had abrogated the Constitution, declared martial law, and became leader of the Interim Military Government. In July the military appointed an Interim Fijian Government with Laisenia Qarase as Interim Prime Minister. What about George Speight? Bainimarama signed the now infamous Muanikau Accord with Speight under which he and his supporters were to release the hostages, surrender their weapons and receive immunity from prosecution. In his defence Bainimarama said he signed the Accord because the crisis had gone on for too long and a peaceful solution was needed. In a cruel twist of irony, Ratu Mara himself was to be removed as President. No sooner Speight was released, he began swaggering around the city with a pistol on display, making a mockery of the Accord.

As I have revealed recently, Mesake Koroi, Daily Post Editor, asked me to analyze the Muanikau Accord (see above). I came to the conclusion that George Speight could be nabbed because of the violation of clause (c) – re the handing of all weapons. The Director of Public Prosecutions Office personnel had been wrongly claiming that the Muanikau Accord was invalid because it was signed under duress. It was not until I published the three part series on the Accord showing why and how Speight could be brought to justice that the army finally, on 26 July 2000, summoned its muscles to nab Speight.

I put forward the 1994 precedent in Trinidad which was later employed by the DPP that saw Speight stripped of immunity and the gang behind bars. Don’t get me wrong, I am not blowing my own trumpet nor that of Koroi. (P.S. I had authorized DPP officers to take an advance copy of my analysis off Koroi at 2am, English time before its publication; in fact, it was none other than the then Interim Prime Minister Laisenia Qarase (a cousin of Koroi) who had taken the copy of my analysis to the military and DPP for consideration. Ratu Ului Mara had captured George Speight.)

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George Speight in prison - serving life sentence for TREASON

What Victor Lal had not expected was that having stood up for Mahendra Chaudhry, and with George Speight behind bars, that Chaudhry would not only join Bainimarama as Interim Finance Minister in post 2006 coup but that he (Chaudhry) was hiding $2million in Australia; we still maintain that the money was not for Chaudhry and his family to relocate to Australia but it was meant for Indo-Fijian victims of George Speight coup!

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When Bainimarama formed an Interim government post Speight coup, led by Laisenia Qarase, the 1987 coupist Inoke Kubuabola resurfaced as interim Foreign Minister to peddle his racist views against Indo-Fijians,
attacking Victor Lal

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http://www.coupfourandahalf.com/2010/05/bainimaramas-foreign-minister-inoke.html

A Passionate Defender of Indo-Fijian Rights in Fiji!

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1985: Victor Lal, the then President of the Oxford University Africa Society, protesting against apartheid in South Africa
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And where was Aiyaz Sayed Khaiyum in 2000? He was in Hong Kong, busy decrying corruption in the Fiji Muslim League by writing Letters to the Editor in the Fiji Times; now he and his FFP Indo-Fijian MPs and supporters are wagging fingers at VICTOR LAL


Letter: Critique of FML decision to make submission to Constitution Commission 

(Letter from A S Khaiyum) 

The claim by some executive members of the Fiji Muslim League ('League') that Muslims support a review of our [1997] Constitution and demand separate seats merely because the executive says so is a gross misrepresentation of the views of the everyday and majority of Muslims in our country. The executive lack the mandate to speak as a representative body for Muslims since the League has been and is essentially an administrative institution managing and maintaining mosques, schools, orphanages, a sugar cane farm and real estate. In addition to the lack of mandate the arguments and justifications espoused by the executive for a review and separate seats are flawed.

They are flawed because our Constitution, in particular the Bill of Rights, namely sections 38(2) and 35 more than adequately guarantee and protect religious freedom and minority rights. 
 
Indeed if an almost identical South African Bill of Rights provision protects the rights of the minority South African Muslims then what is so special about and differentiates Muslims in Fiji? On the basis that last century the then nascent League made submissions on separate seats, it is argued today that so called Muslim rights will be achieved if these seats as submitted then are allocated now. To refer to a resolution passed some seventy years ago, in an era with its own specificities and dynamics, as justification for separate seats in today's Fiji illustrates a complete ignorance and denial of our political, social and constitutional history/experience as a nation-state. Indeed if we were to hark back and uphold the standards of 1929 then commoner indigenous Fijians and women would not have the right to vote. Fiji and the rest of the world have moved along.

Clearly such absurd referrals to the past illustrate an enormous vacuum in basic critical thinking and analysis, discourse and a general prevalence of obscurantism within the executive.
 
Furthermore, it aptly demonstrates a complete ignorance of contemporary developments in and interpretations of Islamic law and jurisprudence vis-a-vis constitutional, human rights and international law and conventions. More tragically, however, the opportunism of the executive displays the absence of and lack of belief in justice, compassion, selflessness and basic human decency. Most Muslims in Fiji know that certain officials treat the League and its branches as their own little fiefdoms.

Fiefdoms, where nepotism is known to be rampant at most times; where certain families and individuals have reigned as executives literally for decades; where children and families of well-to-do officials benefit from scholarships which were and are meant for poor students; where chairs of numerous committees are held by single individuals; where businessmen and business interests are over represented; where women, the youth, various provinces and other denominations are either underrepresented or not represented at all; where appeals to religious dogma and unity are utilized in response to queries of administrative/financial discrepancies and where certain individuals view the League merely as a means to acquire access to power, influence and ultimately money - all under the guise of "protecting Muslim interests."
 


Indeed the absence of proper representation, transparency, accountability and ultimately legitimacy also plague other local institutions in contemporary Fiji. The executive of the League cannot and does not represent the political opinion, views, philosophies of individuals or the bulk of Muslims in Fiji. These self appointed guardians do not speak for the masses. Therefore, the current administration and all Fiji Islanders must understand and recognize the majority of Muslims who believe in basic human decency, justice, democracy and constitutionalism reject the idea of separate seats and/or a review of our Constitution. 
Aiyaz Sayed-Khaiyum
University of Hong Kong
Hong Kong
[email protected]

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Among the nominees with Fijileaks is the French satirical magazine Charlie Hebdo


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17 Comments

TEMPERATURES HEAT UP: Ro Kepa's statement on "Climate Refugees" sparks sharp exchanges between Ashneel Sudhakar and SODELPA Youth leader Peter Waqavonovono! - "Sudhakar, apologize for your racism"

15/12/2015

35 Comments

 
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MR MORETEIN" deactivates Facebook after attacking Ro Kepa
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Peter Waqavonovono

17 hrs · Suva, Fiji · Hon. Ashneel Sudhakar- Fiji First Party,


I am utterly disappointed with your comments recently regarding the Great Council of Chiefs.

Your comments are insensitive and disrespectful, unbecoming of a representative of the People. I am most disgusted with your continued belittling of Indigenous People and their interests, to make fun of our Chiefs, our institutions and practices - that is racism, and that, has no place in Fiji.

I suggest you apologize Hon Sudhakar!

My forefathers opened their land for persons of other races to come live and settle. I am proud that they chose to do that, and we continue to offer much respect for non-Indigenous peoples in Fiji. To read that a Indo-Fijian, [let alone a Member of Parliament], have so much hatred for our traditional governing systems and practices that revolve around the 'tanoa' as laughable and out-dated, is a racist remark!!.

We, the Indigenous of this Nation, do not require your approval to decide what is relevant and what isn't. We also do not need your accreditation, of what is a best qualified institution or what practices are to be used to engage our People.

Also I personally believe that our Chiefs should be engaged before we open our land to Climate Refugees. It is the most responsible thing to do, given that WE ARE THE INDIGENOUS of this LAND, and we DESERVE to be CONSULTED.

IF Fiji First clearly thinks that our Chiefs are unable to add to the fair application of the Law, I suggest they close shop, especially if they see it fit to throw Indigenous Institutions out the door without the prior and informed consent of the people.

I suggest to write an apology and consider resigning. This type of racist behavior is unbecoming of a young MP like yourself.

Peter Waqavonovono
Suva



Fijileaks Editor: One does not have to be indigenous to speak out on or against chiefs, and it is also wrong of Waqavonovono to talk about his forefathers generosity in allowing Indo-Fijians into Fiji; it was the British government, with the tacit approval of the chiefs, that introduced Indian indentured labourers into Fiji. This "Mr Mortein" does not represent Indo-Fijians! Fiji belongs to me as much as it belongs to Waqavonovono - such talks only strengthen FFP! The displacement of the Indians from colonial India prevented the dispossession of native Fijians in Fiji! That is the lasting legacy of the Indian Indentured System to Fiji!

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Sudhakar to Waqavonovono
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35 Comments

SIGATOKA safari boat owner Whyte: He was not only operating a business without license but ended up on the FRU Board and also became Navosa Rugby Union president - did his company pay taxes?

15/12/2015

2 Comments

 

Or was his company exempt from Khaiyum's call to link FRCA to cash registers - after all, he was Khaiyum and Bala's special administrator!

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2 Comments

KHAIYUM's sinking safari riders: We told regime lackey Nalin Patel no longer chairman of Fiji Airways; now it emerges former Sigatoka town council administrator Jay Whyte was operating business without licence

15/12/2015

8 Comments

 

Fijileaks: Did Nalin Patel abuse his position as chairman of Fiji Airways and allegedly use taxpayers funds to buy former Prime Minister Laisenia Qarase's  airline ticket to California for Qarase to help negotiate an out of court settlement with his former business partner Girdhar Lal of G.Lal & Co? The VDCL hearings was underway in July 2014 when Nalin, then former Vanua Development Corporation Ltd (VDCL) director, contacted Laisenia Qarase

"Nalin, Subsequent to your letter of 1 July, 2014, Girdhar was contacted on 3 July by Laisenia Qarase who informed that you had sought his assistance in faciliating a meeting between you and Girdhar in California to reach a settlement out of Fiji courts.  Girdhar had agreed to meeting with Mr. Qarase only during his trip to California and, in the process, receive what your intentions were.  These meetings have occurred up to 2 weeks ago and we trust you have received Girdhar's responses." 28 August 2014


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http://www.fijileaks.com/home/put-up-800000-as-security-of-costs-or-be-shut-out-khaiyums-chamcha-nalin-patel-and-his-lawyers-wanted-former-glal-co-founding-partner-to-cough-up-800000-for-his-case-to-proceed-in-fiji-high-court
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Whyte fronts Sigatoka Magistrates Court over injury to passengers when his Safari boat capsized in September 2014; in June 2013 the Australian had become Khaiyum's special administrator for Sigatoka town, resigning in January 2015 due to "personal and professional reasons"

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Fijileaks: When will Nalin Patel be charged for his role in helping Mahendra Chaudhry hide $2million from FIRCA and Indo-Fijians?

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http://www.fijileaks.com/home/selective-justice-as-fijis-supreme-court-dismisses-chaudhrys-appeal-against-tax-conviction-his-accountant-and-regime-lackey-nalin-patel-remains-at-large-from-law

VICTOR LAL and Russell Hunter (September 2012) to DPP and Fiji Police:

"Perjury in False Affidavit, Abuse of Office, and Aiding and Abetting Perjury"

"6. We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel, in presenting to FIRCA the letter from Harbhjan Lal, whose content was materially false [re his enquiring the details of the funds etc] –Chaudhry (and Nalin Patel) committed a criminal offence under Fiji’s tax laws by offering a false document to FIRCA, namely the Harbhajan Lal letter.

7: We request the Director of Public Prosecutions to investigate the Suva accountancy firm of G. Lal & Co, Mr Chaudhry’s delegated tax agent which dealt with FIRCA in 2004, to establish whether it was aware of the inconsistencies in the Harbhajan Lal-Chaudhry correspondence regarding the $2million, and whether the accountancy firm also had in its possession the Delhi Study Group letter dated 12 October 2004.

8: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel submitted Harbhajan Lal’s letter knowing its content was false in material respects to prevent FIRCA from pursuing the original source of the funds in Mr Chaudhry’s Australian bank account."
Victor Lal and Russell Hunter's 60 page legal submission to DPP's Office, 12 September 2012


Dear Nalin

Bula.

Did You/Pradeep read the contents of Harbhajan Lal's letter dated 9 September 2004, which is in direct contrast to the evidence you were presenting to FIRCA on his [Mr Chaudhry’s] behalf?


When was the first time you came into possession of Harbhajan Lal's letter?

From all the correspondence to FIRCA there are so many inconsistencies - the letter was written on 9 September and you chaps were still asking for extension on the 15 September.

Please note that I am not blaming you for anything but I need to ascertain certain facts

Warm regards

Victor Lal

Three days earlier, on 17 August 2012, Victor Lal had written to Nalin Patel:

Bula Nalin

You may recall I contacted you regarding Mahendra Chaudhry's tax details. You neither acknowledged nor replied to my set of questions that I had sent you in 2008.

To date, I have not been able to locate Harbhajan Lal in Haryana, and now Justice Goundar's judgment quotes a letter from Delhi Study Group, which was never a part of your exchanges, on behalf Mr Chaudhry, with FIRCA in 2004.

I would be very grateful if you could comment on the attachment, especially with the Prime Minister calling upon accountants to take a more active role in the Constitution making in Fiji.

When did you submit that Harbhajan Lal letter dated 9 September 2004 to FIRCA that year?

Did you have a copy of the Delhi Study Group letter dated 12 October 2004 also but chose to submit the Harbhajan Lal one?

Look forward to hearing from you.

Warm regards
Victor Lal


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VICTOR LAL and Russell Hunter (September 2012) to DPP and Fiji Police:

"Perjury in False Affidavit, Abuse of Office, and Aiding and Abetting Perjury"

To summarize, Justice Goundar observed in Chaudhry v State [2012]  FJHC 1229; HAM034.2011 (25 July 2012):
 
“The applicant says he later found out that a former editor of the Fiji Sun obtained his confidential tax details from FIRCA and released it to Victor Lal, a former Fiji journalist residing overseas. Victor Lal published those details in anti-government websites.” We have demonstrated that we never published Mr Chaudhry’s tax details in any anti-government websites but in the Sunday Sun dated 24 February 2008, including the first tax story in the Fiji Sun, on 15 August 2007.

1: We therefore call upon the Director of Public Prosecutions to investigative whether Mr Chaudhry committed the offence of “perjury in a false affidavit”.

2: We call upon the Director of Public Prosecutions to investigate whether Mr Chaudhry’s legal representatives in offering his affidavit to the Fiji High Court are also guilty of aiding and abetting the offence of perjury in a false affidavit, for it is abundantly clear that we did not publish Mr Chaudhry’s tax details in any anti-government websites.

3: We request the Director of Public Prosecutions to establish on what grounds the original letter tendered from one Harbhajan Lal dated 9 September 2004 to FIRCA from Haryana in India was withheld [if it was] and a new letter from Delhi Study Group dated 12 October 2004 substituted in Mr Chaudhry’s affidavit before Justice Daniel Goundar in the Fiji High Court.

4. The “Harbhajan Lal Letter” of 9 September 2004 states the money was collected in Haryana and part of it was transacted through the Indian Consulate in Sydney, Australia. Harbhajan Lal wrote from Haryana:“Respected Chaudhry Saheb, Nameste. We are hale and hearty here and please accept our good wishes. I received your letter. You have asked for details of the funds. You may recall that when you were here in the year 2000, we had formed a committee, which requested you to leave Fiji and stay in Australia since the situation in Fiji was not safe and you were not secure there. The committee also assured you that it would collect funds for your settlement in Australia.Lakhs of people from Haryana including traders, businessmen, landlords and non-resident Indians contributed heavily for the cause. The amount was pouring in for three years, which was sent to you from the year 2000 to 2002. The total amounting to nearly AUD fifteen laks was sent to you with the help of Government of India through its Consulate General in Sydney. We sent AUD 503,000/- as first instalment in the year 2000. In 2001, AUD $486,890/- was sent and then in 2002 AUD $514, 149/- was sent.”

5. The “Delhi Study Group Letter” states, “This is to confirm that funds were collected in New Delhi and other parts of India, including NRI's (Non-Resident Indians) to assist Hon'ble Mahendra Pal Chaudhry, Former Prime Minister of Fiji in 2000-2002.”5: We call upon the Director of Public Prosecutions to ask Mr Chaudhry who transferred the money from India – Delhi Study Group based in New Delhi or Harbahajan Lal in Haryana, India?

6: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel, in presenting to FIRCA the letter from Harbhjan Lal, whose content was materially false [re his enquiring the details of the funds etc] –Chaudhry (and Nalin Patel) committed a criminal offence under Fiji’s tax laws by offering a false document to FIRCA, namely the Harbhajan Lal letter.

7: We request the Director of Public Prosecutions to investigate the Suva accountancy firm of G. Lal & Co, Mr Chaudhry’s delegated tax agent to deal with FIRCA in 2004, to establish whether it was aware of the inconsistencies in the Harbhajan Lal-Chaudhry correspondence regarding the $2million, and whether the accountancy firm also had in its possession the Delhi Support Group letter dated 12 October 2004.

8: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel submitted Harbhajan Lal’s letter knowing its content was false in material respects to prevent FIRCA from pursuing the original source of the funds in Mr Chaudhry’s Australian bank account.

9: We request the Director of Public Prosecutions to investigative whether Mr Chaudhry, in presenting the Tax Amnesty submission to the Cabinet in September 2007 for endorsement, might have abused office as Interim Finance Minister and direct line manager of Fiji Island Revenue and Customs Authority (FIRCA), to benefit himself, and to escape any future criminal prosecutions for submitting late tax returns between 2000 and 2003.We have documentary evidence that in August 2007 Mr Chaudhry still owed FIRCA $57,000 in tax debt, due to be paid on 9 August 2007. His own $57,000 could have fitted into insufficient advance payment or even late payment amnesty.

10. We therefore request the DPP to establish whether Mr Chaudhry had taxes or returns outstanding and paid during the amnesty period he had ordered and hence gained avoidance of penalties, and if so, then a case for Abuse of Office as Finance Minister and line manager of FIRCA could be made against him.

11: We call upon the Director of Public Prosecutions to plead with the Fiji High Court to expunge the patently false claims made against us in Chaudhry v State [2012] FJHC 1229; HAM034.2011 (25 July 2012) – re that we published Mr Chaudhry’s tax details in anti-government websites.

In conclusion, we leave you with the words of the great English judge, the late Lord Denning in King v Victor Parsons & Co [1973] 1 WLR 29, 33-34:

“The word 'fraud' here is not used in the common law sense. It is used in the equitable sense to denote conduct by the defendant or his agent such that it would be 'against conscience' for him to avail himself of the lapse of time. The cases show that, if a man knowingly commits a wrong (such as digging underground another man's coal); or a breach of contract (such as putting in bad foundations to a house), in such circumstances that it is unlikely to be found out for many a long day, he cannot rely on the Statute of Limitations as a bar to the claim: see Bulli Coal Mining Co v Osborne [1899] AC 351 and Applegate v Moss [1971] 1 QB 406. In order to show that he 'concealed' the right of action 'by fraud', it is not necessary to show that he took active steps to conceal his wrongdoing or breach of contract. It is sufficient that he knowingly committed it and did not tell the owner anything about it. He did the wrong or committed the breach secretly. By saying nothing he keeps it secret. He conceals the right of action. He conceals it by 'fraud' as those words have been interpreted in the cases. To this word 'knowingly' there must be added recklessly': see Beaman v ARTS Ltd [1949] 1 KB 550, 565-566. Like the man who turns a blind eye. He is aware that what he is doing may well be a wrong, or a breach of contract, but he takes the risk of it being so. He refrains from further inquiry least it should prove to be correct: and says nothing about it. The court will not allow him to get away with conduct of that kind. It may be that he has no dishonest motive: but that does not matter. He has kept the plaintiff out of the knowledge of his right of action: and that is enough: see Kitchen v Royal Air Force Association [1958] 1 WLR 563.”
 
The limitation statute’s aim is to prevent citizens from being oppressed by stale claims, to protect settled interests from being disturbed, to bring certainty and finality to disputes and so on. These are, as legal commentators have pointed out, laudable aims but they can conflict with the need to do justice in individual cases where an otherwise unmeritorious defendant can play the limitation trump card and escape liability.
 
We call upon the Director of Public Prosecutions to ask Mr Chaudhry which of the two letters – Harbhajan Lal or Delhi Study Group – is the lie – as they both can’t be genuine. Apart from the false accusations against us in his affidavit, the contents of the Harbhajan Lal letter dated 9 September 2004 does not accord with his bank statements from the Commonwealth Bank of Australia which he offered to FIRCA.
 
In our humble submission we beg the Director of Prosecutions to call upon the Fiji High Court to waiver the statute of limitation for prima facie there is evidence in the “Harbhajan Lal” letter that Mr Chaudhry obtained a favourable decision from FIRCA (an oversight on the part of FIRCA tax officers) through alleged fraud – the contents of the Harbhajan Lal letter does not square with his Australian bank statements.
 
Moreover, although we do not have a copy of Mr Chaudhry’s affidavit cited by Justice Goundar (despite requests for one from the Director of the Public Prosecutions) we call upon the Director of Public Prosecutions to examine the contents of both the Harbhajan Lal and the Delhi Support Group letters.  If there are glaring disparities in the two letters than Mr Chaudhry must be deprived of the statute of limitation for the “fraud”, if any on his part, would be a continuing “fraud” since 2004 when he first offered Harbhajan Lal’s letter and now the Delhi Study Group letter in 2012 to explain away the $2million is his Australian bank account.

VICTOR LAL and RUSSELL HUNTER, 4 September 2012
__________
 
Cc:
Justice Anthony Gates, Chief Justice of Fiji
[email protected]
Mr Aiyaz Sayed-Khaiyum, Attorney-General and Minister for Justice
[email protected]
Mr Christopher Pryde, Director of Public Prosecutions
[email protected]
Prime Minister Commodore Voreqe Bainimarama
c/o [email protected]
Mr George Langman, Deputy Commissioner, FICAC
c/o [email protected]
Madam Nazhat Shameem, Consultant, FICAC
c/o [email protected]
Ms Elizabeth Yang, FICAC Prosecutor
[email protected]
 

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8 Comments

HATE AND ABUSIVE E-MAILS AGAINST VICTOR LAL MOUNT BUT AIYAZ Khaiyum's Telecom Fiji Limited and the Police refuse to nab the culprits!

15/12/2015

13 Comments

 
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CRY THE BELOVED COUNTRY. THE likes of ASHNEEL SUDHAKAR are no lone wolfs or accidental freaks. He has been groomed, palm-oiled, coached, and promoted to whip all those whom the megalomaniac wannabee AIYAZ SAYED KHAIYUM considers a threat to his monopoly on power.

In any law-abiding society, a political candidate (Sudhakar) who managed to garner only 895 votes (mostly from friends, fiends and family) would have been relegated to the backbench in Parliament. In fact, if it had not been for Khaiyum's skewed D'Hondt electoral system, this "Mr Mortein" merchant of death would have been licking his political defeat on the banks of the Ba river. But NO, Khaiyum not only chose him as Government Whip for Fiji First (Theft) Party but appointed the overtly racist and fascist to chair the Parliament Standing  Committee's Law, Justice and Human Rights.

Just look at this self-confessed goonda Sudhakar's track record: he threatened to "mortein" me and others on his Facebook page, indulged in sexual fantasy by posting "porn" (degrading to women in Fiji) materials, abused all his political opponents in the FLP, NFP, SODELP, and PDP parties. The list on this political scumbag is endless.

Last year I reported him to his law firm, the LPU, the Police and even to Khaiyum. But the Goonda Godfather remains at large, exhibiting all the signs of goonda(ism) - hooliganism - unbecoming of a lawyer and a Member of Parliament - and now Government Whip. I am not surprised, for Sudhakar is 'monkeying' his protector AIYAZ SAYED KHAIYUM. It is no surprise that others (most likely his goonda supporters) have joined him and his master Khaiyum in abusing me.

I didn't want to dignify the unprintable comments (below) but we have decided to reveal them, especially when Telecom Fiji Ltd (under direct control of Khaiyum) and the Police are not acting on the evidence I have provided about the identity of the abuser(s). As I have repeated previously, I will not be deterred in our pursuit to expose the rotten state of Fiji which is reeling under Khaiyum's thumb, Bainimarama's military-backed boots, and goonda Sudhakar and his goons attacks on me, with Geneva being told all is lovey-lovey in the new post-election Fiji!


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WHITE-WASHING FIJI IN GENEVA: The Chief Justice Anthony Gates, MIDA chairman Ashwin Raj, self-proclaimed Attorney-General and Minister for Justice Aiyaz Sayed Khaiyum, ambassador Nazhat Shameem Khan and Christopher Pryde, the Director of Public Prosecutions.

The string of abusive e-mails to Victor Lal in recent days:

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Fijileaks IT experts have tracked down the origins of the abusive e-mails

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And not far behind is Fiji Sun, which has been giving SUDHAKAR the oxygen of publicity, while trawling Fijileaks and abusing VICTOR LAL, labelling him (LAL) as an "IDIOT"; to date, Fiji Sun has not confronted Sudhakar or Khaiyum over 'mortein' death threats against me! We know why; for according Fiji Sun:
"I am peddling lies as information through my so-called Fijileaks".

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Fijileaks: Unlike the "Monkey Minister and his "Goonda Boy", VICTOR LAL has been fighting for human rights, freedom, democracy, free speech and press freedom for a very, very, long time - and has never taken  advantage of TREASON!

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PARTNERS IN CRIME: These two Indo-Fijians have been leading the pack in abusing VICTOR LAL
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