 |  |
"As the lunchtime break commenced during a parliamentary session, I headed to the Opposition chambers on the second floor to drop off my belongings before grabbing a quick bite. Little did I know that a surprising encounter awaited me. To my amazement, the unmistakable vehicle of FijiFirst Leader and former Prime Minister Frank Bainimarama was parked outside Parliament. Excitement and curiosity surged within me, prompting a spontaneous decision to seize the opportunity to meet our esteemed FijiFirst leader. Rushing back up to the chambers, I found myself face-to-face with the cheerful and widely admired former Prime Minister. A spontaneous gathering ensued, with fellow MPs joining in for an impromptu session of guidance and camaraderie. Seated together, we engaged in a candid exchange of thoughts."
FFP MP KETAN LAL
As the lunchtime break commenced during a parliamentary session, I headed to the Opposition chambers on the second floor to drop off my belongings before grabbing a quick bite.
Little did I know that a surprising encounter awaited me.
To my amazement, the unmistakable vehicle of FijiFirst Leader and former Prime Minister Frank Bainimarama was parked outside Parliament.
Excitement and curiosity surged within me, prompting a spontaneous decision to seize the opportunity to meet our esteemed FijiFirst leader.
Rushing back up to the chambers, I found myself face-to-face with the cheerful and widely admired former Prime Minister.
A spontaneous gathering ensued, with fellow MPs joining in for an impromptu session of guidance and camaraderie.
Seated together, we engaged in a candid exchange of thoughts.
Former PM and FijiFirst Leader Bainimarama generously shared his insights and provided valuable guidance.
Amidst the serious discussions, the atmosphere lightened as we collectively found humor in what was deemed by many as the current government's "pathetic performance."
Amidst our discussions, it seemed only fitting to express gratitude for Bainimarama's successes during his tenure as Prime Minister.
His leadership saw noteworthy achievements that significantly impacted Fiji's growth and development.
From economic milestones to social initiatives, Bainimarama's tenure left an indelible mark on the nation.
The lunchtime encounter turned into an unexpected yet cherished moment, fostering camaraderie among MPs.
Little did I know that a surprising encounter awaited me.
To my amazement, the unmistakable vehicle of FijiFirst Leader and former Prime Minister Frank Bainimarama was parked outside Parliament.
Excitement and curiosity surged within me, prompting a spontaneous decision to seize the opportunity to meet our esteemed FijiFirst leader.
Rushing back up to the chambers, I found myself face-to-face with the cheerful and widely admired former Prime Minister.
A spontaneous gathering ensued, with fellow MPs joining in for an impromptu session of guidance and camaraderie.
Seated together, we engaged in a candid exchange of thoughts.
Former PM and FijiFirst Leader Bainimarama generously shared his insights and provided valuable guidance.
Amidst the serious discussions, the atmosphere lightened as we collectively found humor in what was deemed by many as the current government's "pathetic performance."
Amidst our discussions, it seemed only fitting to express gratitude for Bainimarama's successes during his tenure as Prime Minister.
His leadership saw noteworthy achievements that significantly impacted Fiji's growth and development.
From economic milestones to social initiatives, Bainimarama's tenure left an indelible mark on the nation.
The lunchtime encounter turned into an unexpected yet cherished moment, fostering camaraderie among MPs.
‘Bainimarama cannot remain a member of the Constitutional Offices Commission under Section 78 of the 2013 Constitution of Fiji.’
According to Suva lawyer Richard Naidu (‘Bainimarama remains as Leader of the Opposition, February 19, The Fiji Times), the FFP MP Frank Bainimarama, despite his suspension from Parliament for breach of privilege, not only remains the Opposition Leader but, among other constitutional roles, retains his membership in the Constitutional Offices Commission (COC).
Mr Naidu was relying on Section 78 of the 2013 Constitution of Fiji. We, however, beg to differ with Mr Naidu’s interpretation regarding Mr Bainimarama’s membership of the COC. Let us examine the Standing Orders of the Parliament of Fiji (Standing Order 15(3)(1) that was amended by the FFP government and gazetted on February 20, 2017.
What rights do a Parliament member forfeits on suspension by the Privileges Committee?
A member who is suspended from the service of Parliament under Standing Order 76 or 77 must not do any of the following: a) enter the Chamber; b) vote; c) serve on a committee; d) lodge a question or notice of motion.
Despite Mr Naidu’s view, we would like to argue that Mr Bainimarama cannot serve on the COC. Although it is not technically a committee, for there are standing, select, and special committees, the COC is an extended committee of Parliament.
The word “commission” is absent from the Standing Orders of the Parliament of Fiji. Standing Order 127 provides for the establishment of a Privileges Committee.
This committee comprises the following members:
1. the Deputy Speaker, the Chairperson of the Committee; and
2. five members appointed by the Speaker in consultation with the Prime Minister and the Leader of the Opposition.
The mandate of the Committee is to: a) bring to the attention of Parliament any breach of privileges of Parliament committed by any person; b) consider any question of privilege which may be referred to it by Parliament or by the Speaker; c) inquire into any complaint that may be referred to it by Parliament or the Speaker regarding any breach of privilege by any person; and d) provide reports and recommendations to Parliament as a result of such referral.
Last week, the Privileges Committee advised Parliament on Mr Bainimarama’s suspension and penalties.
The Parliament, the supreme authority to make laws, voted to suspend Mr Bainimarama. The COC, by extension, is linked to the legislature.
While expressing his views on Bainimarama’s suspension, Mr Naidu conceded that there might “be a legal argument” to his interpretation of Section 78 of the Constitution. On Mr Bainimarama’s continued membership of the COC, we argue that on suspension, he forfeited the right to COC membership. Mr Bainimarama must resign from COC.
If he refuses, the Privileges Committee will reconvene and remove him from the COC. The drafters of the 2013 Constitution had not envisaged a situation whereby the Leader of the Opposition had to be suspended from Parliament for breach of privilege.
In this case, Mr Bainimarama. He was meant to rule for eternity.
And any non-FFP MP found guilty by the Privileges Committee – Ratu Naiqama Lalabalavu, Tupou Draunidalo, and Ratu Isoa Tikoca – were given the boot out of Parliament.
We argue that Mr Bainimarama is booted out of the Constitutional Offices Commission.
It is unacceptable that while he is barred from partaking in constitutional matters inside Parliament, he is free to sit outside Parliament on the COC and deliberate on issues of national and constitutional importance to Fiji. Otherwise, what is the point of suspending him from Parliament?
The Standing Orders disqualify him from serving on any committee or commission after the Privileges Committee suspended his primary membership of Parliament. Out must mean Out. Tuba. Tuba.
According to Suva lawyer Richard Naidu (‘Bainimarama remains as Leader of the Opposition, February 19, The Fiji Times), the FFP MP Frank Bainimarama, despite his suspension from Parliament for breach of privilege, not only remains the Opposition Leader but, among other constitutional roles, retains his membership in the Constitutional Offices Commission (COC).
Mr Naidu was relying on Section 78 of the 2013 Constitution of Fiji. We, however, beg to differ with Mr Naidu’s interpretation regarding Mr Bainimarama’s membership of the COC. Let us examine the Standing Orders of the Parliament of Fiji (Standing Order 15(3)(1) that was amended by the FFP government and gazetted on February 20, 2017.
What rights do a Parliament member forfeits on suspension by the Privileges Committee?
A member who is suspended from the service of Parliament under Standing Order 76 or 77 must not do any of the following: a) enter the Chamber; b) vote; c) serve on a committee; d) lodge a question or notice of motion.
Despite Mr Naidu’s view, we would like to argue that Mr Bainimarama cannot serve on the COC. Although it is not technically a committee, for there are standing, select, and special committees, the COC is an extended committee of Parliament.
The word “commission” is absent from the Standing Orders of the Parliament of Fiji. Standing Order 127 provides for the establishment of a Privileges Committee.
This committee comprises the following members:
1. the Deputy Speaker, the Chairperson of the Committee; and
2. five members appointed by the Speaker in consultation with the Prime Minister and the Leader of the Opposition.
The mandate of the Committee is to: a) bring to the attention of Parliament any breach of privileges of Parliament committed by any person; b) consider any question of privilege which may be referred to it by Parliament or by the Speaker; c) inquire into any complaint that may be referred to it by Parliament or the Speaker regarding any breach of privilege by any person; and d) provide reports and recommendations to Parliament as a result of such referral.
Last week, the Privileges Committee advised Parliament on Mr Bainimarama’s suspension and penalties.
The Parliament, the supreme authority to make laws, voted to suspend Mr Bainimarama. The COC, by extension, is linked to the legislature.
While expressing his views on Bainimarama’s suspension, Mr Naidu conceded that there might “be a legal argument” to his interpretation of Section 78 of the Constitution. On Mr Bainimarama’s continued membership of the COC, we argue that on suspension, he forfeited the right to COC membership. Mr Bainimarama must resign from COC.
If he refuses, the Privileges Committee will reconvene and remove him from the COC. The drafters of the 2013 Constitution had not envisaged a situation whereby the Leader of the Opposition had to be suspended from Parliament for breach of privilege.
In this case, Mr Bainimarama. He was meant to rule for eternity.
And any non-FFP MP found guilty by the Privileges Committee – Ratu Naiqama Lalabalavu, Tupou Draunidalo, and Ratu Isoa Tikoca – were given the boot out of Parliament.
We argue that Mr Bainimarama is booted out of the Constitutional Offices Commission.
It is unacceptable that while he is barred from partaking in constitutional matters inside Parliament, he is free to sit outside Parliament on the COC and deliberate on issues of national and constitutional importance to Fiji. Otherwise, what is the point of suspending him from Parliament?
The Standing Orders disqualify him from serving on any committee or commission after the Privileges Committee suspended his primary membership of Parliament. Out must mean Out. Tuba. Tuba.
