BAD LOSER: Khaiyum drafted the Electoral Decree and now when High Court punches a hole through his decree, he is crying foul; get ready for amendment to ensure public officers shut out of 'Khaiyum's Parliament'

8/6/2015

BEFORE THE ELECTION KHAIYUM RULED THAT PUBLIC OFFICE DID NOT INCLUDE PMs OFFICE, A-Gs OFFICE AND HIS REGIME MINISTERS

JUDGE ALFRED SHOULD ORDER CONTEMPT OF COURT CHARGE:

“While we are yet to receive a copy of the written ruling, however, from the brief provided by counsel, it appears that the court ruling today allows losing candidates to return to or be appointed to positions of public office even though they might be called upon later to join Parliament if a seat becomes vacant.

“This would effectively create a revolving door which allows politicians to contest elections as members of a political party, and then to return to or be appointed as public officers (whether as Permanent Secretaries, judicial officers and other top constitutional and public officeholders) if they are not successful, and then be appointed overnight as Members of Parliament in future.

“This case sets an unfortunate precedent. For example, the political party with majority seats in Parliament and forming Government could simply now put all their unsuccessful candidates in public offices, and then also have the benefit of having the same candidates declared as Members of Parliament if there is a vacancy in Parliament.

"The ruling does indeed have the potential of compromising the political neutrality of public offices, and given that the ruling of the High Court was final, it may be appropriate for the relevant laws to be clarified through appropriate legislative amendment." Aiyaz Sayed Khaiyum, Ministry of Information statement

9 Comments

rajend naidu

8/6/2015 06:51:52 am

Editor,
It is a well established fact that power holders do not take kindly to public officials doing their job diligently and in accordance with the public interest or the public good. They prefer public officials who quietly toe the line. And, castigate those who don't and attempt to discredit them.
Here is an example from Australia provided by Colin Smith writing to the Age 9/06.
" For speaking truth to power, Gillian Triggs ( the Human Rights Commission president ) and Sarah Hanson Young ( a vocal Opposition critic of the governments asylum, refugee and detention policy ) are called a " disgrace " and " an embarrassment " ( by government ministers ) . They should be proud : the enmity of this government is a badge of honour.
Society and democratic governance would be the poorer if we did not have people prepared to speak truth to power.
Sincerely,
Rajend Naidu
Sydney

orzy link

8/6/2015 07:35:31 am

Now his own decree is shoved down his throat and I hope it bites him too in the butt to stop this brats from crying, wailing and kicking his ass out. What else.
I hope some attorneys out there put him where he rightly belongs. ..in Naboro.

Trying to Read Inside the Ruling!!!

8/6/2015 09:17:38 am

The Court that have used decrees as relevant laws although the emegency is over, making decrees invalid laws;

Same Court's that have returned so many files back from registry as the cases cannot be heard;

Then finally now a ruling in favour of Appellant and on that too against the illegal 2013 Constitution's Electoral matters, which is really a tiny matter.

Is this ruling ASK's ploy to show the world the Judiciary is independent under the democracy and to have a constitutional matter ruled in oppositions favour just to throw carrot that the case law goes to legitimise the law.

Cassandra

8/6/2015 09:33:27 am

Clearly final does not mean final to an expert in circumvention ...

Reckless Behaviour

8/6/2015 10:52:52 am

Now that Courts have decided on LEAWERE, Khaiyum has decided, not the PM or FFP, that legislation will be introduced in parliament to amend the governing law.

Whilst Fiji's neighbours Australia and New Zealand and surging ahead with policies for major investments in infrastructure and industries,Khaiyum's Fiji is irritably farting and sneezing with reckless behaviour.

Moce Justice Alfred

8/6/2015 05:11:35 pm

Justice Alfred may soon be packing his bags. How can he rule against his boss? Isa, Moce, anyway!

Changing at Will....? Dog eat Dog...!

9/6/2015 03:25:39 am

I hear that ASK will have legislation introduced in Parliament to amend the governing law.

Is that component of Law not entrenched? Are we going to see a refernadum as well as Parliamentary support in favour of to have this proposed amendment introduced?

Will we later see other legislations amended also such as Land Act. This attempted amendment will set the precedent to make changes at will through Parliamentary Act with mere majority and not through Constitutional Amendment platform.

SODELPA might support as SDL used to do the same...!!!!

9/6/2015 08:42:31 am

The ruling is exactly what FFP was looking for. FFP make a HOO HAA HAA about an MP appointment, advises what Chairman of the Electoral Commission should do, and the case would go to Court.

People of Fiji should not be surprised that this is exactly the ruling which FFP were looking for. I am sure the Commissioner of the Electoral Commission already knew the outcome of the High Court would be and hence prepared such an articulate and explicit response, 'this is not about any side winning ...blah ...blah..What Bull".

This is a wonderful chess game, played very smartly, albeit, the end will be disastrous, as the intention are not good.

It also opens up the door for FFP to appoint all election losers somewhere, some teachers are already back teaching. Just ASK (no pun intended) Minister MR.

Bahuki

10/6/2015 02:18:03 pm

And Khaiyum ends up choking on his own rules when the judiciary read between the fine lines within that decree he made.

But it might start having another person being sent off to "Boot Camp"....that is those who literally got the boot out of office when Bhaiyum took power if there's something that doesn't suit them.

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