Fijileaks: We have reproduced Dakuvula's comment which he had posted in response to our story of 20 October 2017 on Rabuka's Immunity:
Dakuvula There is one thing that the above quotation from the Immnunity [Immunity] provision of the 1990 Constitution omits. The provision under Section 195(2) (a) of the 1997 Constitution: "Chapter XIV of the 1990 Constitution continues in force in accordance with its tenor"
This means that both Houses of Parliament who passed the 1997 Constitution unanimously had legalised and morally agreed to the immunity of the perpetrators of the 1990 [1987] coups as a a vital part of the reconciliation and constitutional settlement of 1997.
People like Victor Lal or Mick Beddoes can choose to still not forgive Rabuka for the coups and events of 1987 but the elected representatives of the people of Fiji in 1997 had decided to deal with that part of Fijii's [Fiji's] political history in that way.
This is in contrast to the immunity provisions of the 2013 Constitution. This part of Fiji's coup history remains open and yet to be resolved.
This means that both Houses of Parliament who passed the 1997 Constitution unanimously had legalised and morally agreed to the immunity of the perpetrators of the 1990 [1987] coups as a a vital part of the reconciliation and constitutional settlement of 1997.
People like Victor Lal or Mick Beddoes can choose to still not forgive Rabuka for the coups and events of 1987 but the elected representatives of the people of Fiji in 1997 had decided to deal with that part of Fijii's [Fiji's] political history in that way.
This is in contrast to the immunity provisions of the 2013 Constitution. This part of Fiji's coup history remains open and yet to be resolved.
THIS is not the first time Jone Dakuvula and I have found ourselves on the opposite spectrum of Fijian history. Like previously, I disagree with Dakuvula, while acknowledging that the Immunity in the 1997 Constitution was passed by both Houses of Parliament. Dakuvula questions the Immunity provisions in the 2013 Constitution of Fiji.
In my previous article I had questioned the validity of the Immunity that Sitiveni Rabuka had granted to himself and his co-conspirators in the racist, feudalistic, and undemocratic 1990 Constitution of Fiji. I am on record condemning both, the then NFP leader Jai Ram Reddy and FLP leader Mahendra Chaudhry, for crying wolf over the 1990 Constitution, while taking part in the 1992 and 1994 elections under that very racist Constitution. I told them: PUT UP or SHUT UP and GET OUT OF PARLIAMENT.
In my Opinion Columns in the Fiji Sun and Daily Post newspapers, I had not only branded these two Indo-Fijians as traitors to their community but political opportunists par excellence. Basically, I argued that they cannot be sitting in Parliament under the 1990 Constitution while condemning the very racist Constitution, and collecting parliamentary salaries. Worst, they had agreed to grant Rabuka immunity in exchange to remain relevant in politics.
Reddy went further: he was willing to be Rabuka's house girl (Deputy Prime Minister) in the event of SVT-NFP forming the next government after the 1999 election. Chaudhry, in 1992, had already given FLP votes to Rabuka, for him to become Prime Minister
Similarly, I recently condemned SODELPA MP Niko Nawaikula and told him that if he finds the 2013 Constitution objectionable, he should get out of Parliament. You cannot have your political cake and eat it at the same time.
It is one of the most nauseating feature that is played out day in, day out, that began with the 1990 Constitution.
What about the Immunity provision in the 2013 Constitution of Fiji?
Lets face it. All politicians from different racial and political divide were in Parliament under the 1990 Constitution for seven long years until the promulgation of the 1997 Constitution, and the holding of the 1999 general election which saw Rabuka booted out of Parliament.
Applying the same arguments, we could argue that since all political parties and their leaders participated in the 2014 general election under the 2013 Constitution, and are gearing up to fight the 2018 election, they are now party to the 'Khaiyum Constitution'.
The racist 1990 Constitution was in place until the 1997 Constitution was promulgated.
The 2013 Constitution is four years old. It still has three more years to catch up with the 1990 Constitution.
The only way to demonstrate abhorrence for the "2013 Khaiyum Constitution" is not to SHOUT from the roof top but to SHUT yourselves out of Parliament - by refusing to take part in the 2018 general election. Take a leaf from the Kenyan election, where the Opposition, true to its words, boycotted the re-run of the presidential election.
For too long, the ordinary Fijians of all races have been taken for a ride by brazen political opportunists, who will shout against the Constitution of Fiji but at the same time SUCK every benefit they can squeeze out of it. We already see how ordinary citizens are abusing each other on social media on behalf of the different political parties and their leaders. These politicians are demagogues and rogues who don't care what happens to Fiji, as long as they can get into Parliament - by hook, crook or coup.
In my own experience, while I stood up for Jai Reddy, Mahendra Chaudhry, and even Laisenia Qarase, at the end of the day they betrayed me to "SHAKE HANDS WITH THE DEVIL" - whether it was with Sitiveni Rabuka, George Speight or Frank Bainimarama. We become enemies, and they become friends with the DEVILS.
As for Mick Beddoes, it will be his call, whether to reply or not, to Dakuvula's position on IMMUNITY
In my previous article I had questioned the validity of the Immunity that Sitiveni Rabuka had granted to himself and his co-conspirators in the racist, feudalistic, and undemocratic 1990 Constitution of Fiji. I am on record condemning both, the then NFP leader Jai Ram Reddy and FLP leader Mahendra Chaudhry, for crying wolf over the 1990 Constitution, while taking part in the 1992 and 1994 elections under that very racist Constitution. I told them: PUT UP or SHUT UP and GET OUT OF PARLIAMENT.
In my Opinion Columns in the Fiji Sun and Daily Post newspapers, I had not only branded these two Indo-Fijians as traitors to their community but political opportunists par excellence. Basically, I argued that they cannot be sitting in Parliament under the 1990 Constitution while condemning the very racist Constitution, and collecting parliamentary salaries. Worst, they had agreed to grant Rabuka immunity in exchange to remain relevant in politics.
Reddy went further: he was willing to be Rabuka's house girl (Deputy Prime Minister) in the event of SVT-NFP forming the next government after the 1999 election. Chaudhry, in 1992, had already given FLP votes to Rabuka, for him to become Prime Minister
Similarly, I recently condemned SODELPA MP Niko Nawaikula and told him that if he finds the 2013 Constitution objectionable, he should get out of Parliament. You cannot have your political cake and eat it at the same time.
It is one of the most nauseating feature that is played out day in, day out, that began with the 1990 Constitution.
What about the Immunity provision in the 2013 Constitution of Fiji?
Lets face it. All politicians from different racial and political divide were in Parliament under the 1990 Constitution for seven long years until the promulgation of the 1997 Constitution, and the holding of the 1999 general election which saw Rabuka booted out of Parliament.
Applying the same arguments, we could argue that since all political parties and their leaders participated in the 2014 general election under the 2013 Constitution, and are gearing up to fight the 2018 election, they are now party to the 'Khaiyum Constitution'.
The racist 1990 Constitution was in place until the 1997 Constitution was promulgated.
The 2013 Constitution is four years old. It still has three more years to catch up with the 1990 Constitution.
The only way to demonstrate abhorrence for the "2013 Khaiyum Constitution" is not to SHOUT from the roof top but to SHUT yourselves out of Parliament - by refusing to take part in the 2018 general election. Take a leaf from the Kenyan election, where the Opposition, true to its words, boycotted the re-run of the presidential election.
For too long, the ordinary Fijians of all races have been taken for a ride by brazen political opportunists, who will shout against the Constitution of Fiji but at the same time SUCK every benefit they can squeeze out of it. We already see how ordinary citizens are abusing each other on social media on behalf of the different political parties and their leaders. These politicians are demagogues and rogues who don't care what happens to Fiji, as long as they can get into Parliament - by hook, crook or coup.
In my own experience, while I stood up for Jai Reddy, Mahendra Chaudhry, and even Laisenia Qarase, at the end of the day they betrayed me to "SHAKE HANDS WITH THE DEVIL" - whether it was with Sitiveni Rabuka, George Speight or Frank Bainimarama. We become enemies, and they become friends with the DEVILS.
As for Mick Beddoes, it will be his call, whether to reply or not, to Dakuvula's position on IMMUNITY
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22 June 2016:
Mick Beddoes: 'I will leave if Rabuka is chosen to lead SODELPA Party"
"Everyone born in 1987 will be 31 in 2018 and those born in 2000 will be become eligible to vote in 2018, so we have arrived at the time when the majority of our people will have never experienced real democracy, they have grown up under the shadows of coups, oppression and threats and although it’s been 29 years since the first coup that began all our problems, it’s never too late to start saying NO. Some coup leaders in other countries are finding out that, the ‘arm of the law is long’ so while the usurpers of our democracy and their aiders and abettors may well succeed for now in ‘delaying’ their day in court, ultimately that day will come. It’s not a matter of if, but when!" - Beddoes
MICK BEDDOES REPLIES TO JONE DAKUVULA
TO FORGIVE OR NOT TO FORGIVE:
TO FORGIVE OR NOT TO FORGIVE:
First up, I am not sure what my forgiveness or non-forgiveness of Mr Rabuka for committing treason in 1987, orchestrating his immunity from prosecution, being rewarded for his wrong doing by being allowed to contest an election and become Prime Minister has to do with anything?
I have no sway over Mr Rabuka, he does not need my forgiveness or anyone elses for that matter, he is after all ‘immune’ from prosecution, so the law [for now] can’t touch him. But I suspect his conscious can.
Mr Dakuvula and the like believe that because our elected leaders dealt with the 1987 coup as they did, we should just accept it. Well I for one do not!
Our system of Justice is supposed to allow anyone found guilty of a crime and sentenced to jail the right to ‘appeal’ to, or seek review by, a higher court [Sec 14 (2) (o)], just as if new evidence is uncovered that proves a citizen who was found guilty and jailed is in fact innocent, then surely as a civilized society we would want to ‘correct the wrong’ that was done and free the person wrongly convicted and at the same time seek out and bring to account the guilty person.
But sadly, that rule only applies to the ordinary folk like you and me. The way our elected leaders have chosen to handle the coups is to sweep it under the carpet, pretend it never happened and hope like hell it goes away. Well it has not and it will not and until the leaders we elect acquire the moral integrity and political will to ‘do what is right’ for our people, and stop ‘rewarding the wrong doers’ coups will continue to plague us in the future, because immunity acts as an incentive to any other military officer looking for a ‘get rich quick’ opportunity.
All three individuals committed the exact same capital crime Mr Dakuvula, but you completely disregard the 2000 Speight coup and jump right to the 2006 coup and its immunity provisions, suggesting the 2006 coup remains open and unresolved? It’s also clear that you are among those who think it’s fair and just that the perpetrators of the 1987 and 2006 coups receive immunity for their capital crimes, and can enrich themselves, while the 2000 perpetrators do time for the same crime? There is nothing fair or just about this.
Until we deal comprehensively with the coups of 1987, 2000, 2006 and bring to account all those involved, allow due process to be applied equally to all citizens, establish the guilt or innocence of all those rightly or wrongly accused, allow the families of all coup victims to have their day in court where we establish absolutely the facts in all three coups, we cannot proceed with a reconciliation process that will finally allow us as a nation to have closure.
But once those seeking forgiveness have had their wrong doing properly determined through ‘a court of law’ and they show genuine remorse for their wrong doing, I have no doubt that our citizens will show compassion and be ready forgive them.
I have no sway over Mr Rabuka, he does not need my forgiveness or anyone elses for that matter, he is after all ‘immune’ from prosecution, so the law [for now] can’t touch him. But I suspect his conscious can.
Mr Dakuvula and the like believe that because our elected leaders dealt with the 1987 coup as they did, we should just accept it. Well I for one do not!
Our system of Justice is supposed to allow anyone found guilty of a crime and sentenced to jail the right to ‘appeal’ to, or seek review by, a higher court [Sec 14 (2) (o)], just as if new evidence is uncovered that proves a citizen who was found guilty and jailed is in fact innocent, then surely as a civilized society we would want to ‘correct the wrong’ that was done and free the person wrongly convicted and at the same time seek out and bring to account the guilty person.
But sadly, that rule only applies to the ordinary folk like you and me. The way our elected leaders have chosen to handle the coups is to sweep it under the carpet, pretend it never happened and hope like hell it goes away. Well it has not and it will not and until the leaders we elect acquire the moral integrity and political will to ‘do what is right’ for our people, and stop ‘rewarding the wrong doers’ coups will continue to plague us in the future, because immunity acts as an incentive to any other military officer looking for a ‘get rich quick’ opportunity.
All three individuals committed the exact same capital crime Mr Dakuvula, but you completely disregard the 2000 Speight coup and jump right to the 2006 coup and its immunity provisions, suggesting the 2006 coup remains open and unresolved? It’s also clear that you are among those who think it’s fair and just that the perpetrators of the 1987 and 2006 coups receive immunity for their capital crimes, and can enrich themselves, while the 2000 perpetrators do time for the same crime? There is nothing fair or just about this.
Until we deal comprehensively with the coups of 1987, 2000, 2006 and bring to account all those involved, allow due process to be applied equally to all citizens, establish the guilt or innocence of all those rightly or wrongly accused, allow the families of all coup victims to have their day in court where we establish absolutely the facts in all three coups, we cannot proceed with a reconciliation process that will finally allow us as a nation to have closure.
But once those seeking forgiveness have had their wrong doing properly determined through ‘a court of law’ and they show genuine remorse for their wrong doing, I have no doubt that our citizens will show compassion and be ready forgive them.
