For Your Diary: Fijileaks will not be updated between 29 September - 2 October
HON ASERI M RADRODRO
RESPONSE TO PRESIDENTIAL SPEECH FOR OPENING OF 2016 PARLIAMENTARY SESSION
(Thursday 24th September, 2015).
SALUTATION
Madam Speaker,
The Honorable Prime Minister
The Honorable Leader of the Opposition,
Honorable Cabinet Ministers
Fellow Honorable Members of Parliament.
I rise to make my contribution to his Excellency the President’s opening address delivered last week in this August House.
From the outset, I must state that I experienced a mixture of feelings as I listened to his Excellency’s address!
EXPIRY OF PRESIDENT’S TERM IN OFFICE
Nevertheless, I now wish to speak briefly on the last part of it.
Madam Speaker, all good things come to an end.
His Excellency has acknowledged his term as President of the Republic of Fiji Islands will end in November of this year, 6 years after he took office. I take this time to thank His Excellency, Ratu Epeli Nailatikau for his leadership to Fiji. The work could not have been easy. He would be aware Madam Speaker, of the great expectations the people of this Nation had of his services and leadership. He no doubt would also be aware, that at times, he was questioned on some of the decisions he took, or the silence he adopted, during certain times when many expected him to take a position, on matters that had a significant impact on people’s lives.
I am a great believer in the human spirit and in acknowledging that as humans, we will not always have the right answers for everything. I wish you well Sir, and pray you enjoy your twilight years, in whatever capacity you will play God willing.
Vinaka Saka vakalevu.
DEMOCRACY/ SEPARATE STATE
Madam Speaker, His Excellency took great pains to inform this house of our new found Democracy, and why it needs to be protected.
On that, I will quote from Subha Wijesiriwardena.
She is from Colombo, Sri Lanka, is a recognized blogger and a regular contributor to online discourse about Sri Lankan politics.
She made the following comments about democracy following the recent change of leadership in Shri Lanka in January of this year after a decade of authoritarian leadership by former President Mahinda Rajapaksa. And I quote,
“Democracy is not just a system, a structure; it is also a feeling. It is a feeling within each one of us; a desire to be led by the things we believe in; and the people we see those things in. It is a desire to stand up, to feel powerful in our own way, to wield that power in the face of despair and frustration. It is a feeling that inspires other feelings; it gives us courage, it gives us hope. It allows for Army officials- men who have made their entire careers out of respecting rank and taking orders- to say ‘No, ’ when they are asked to deploy their troops to help a desperate and frightened man stay in power; best of all: that they say ‘NO’ with pride, that we all say ‘NO’ with pride”.
Madam Speaker I will now turn my attention to the issue of sedition or the setting up of alternative States. I noted his Excellency’s address spent a considerable time on this subject. I am of the view that any right minded, Honorable Member of this House, will take for granted the firm denouncing of any seditious acts against the ruling of any elected government. Personally, I have and will always denounce the illegal attempts by anyone whether military or civilian, for the overthrow of an elected government, for whatever purpose or argument.
I, hold the firm view, that should we the people find discontent with any ruling government, we must exercise fairness in respect of the People’s majority will, and await Elections, to express our implicit desire for the government we wish to have.
Recently, at an event for Naitasiri High School where, I spoke to my fellow kinsmen to respect and abide by the rule of Law and cautioned against negative political agitation as the mechanism of democracy has been undertaken; and that due recognition and respect is accorded to the government elected by the people.
It is the fair thing to do! Besides, when we the Opposition will become the government of the day; I would expect nothing less than the same respect and call, to be made by our fellow Honorable Members on the other side of this August House.
I reiterate that call today.
We the people of Naitasiri remember like yesterday, the experiences our people were made to go through at Kalabu and at the Tikina of Nabobuco in 2000, as a result of the political manipulation of some people, who remain ambiguous to us to this day.
Some of our people served time for their part in those events, temporarily losing their freedom.
Some nurture scars emanating from the beatings received at the hands of soldiers and the Police, sent in to disperse the groupings and bring to judgment those that it needed to.
I remain outraged with the treatment they received at the time; however, I also believe the actions of our people could have been better.
“Sa rauta na vakayagataki!”
On that note Madam Speaker I conclude by relaying the famous words of ‘Martin Niemoller’, a prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler and spent the last seven years of Nazi rule in concentration camps.
He uttered these words as a result of the lack of resistance to the Nazi ordeal, which the world ignored for some considerable time, before it finally acted.
And I quote, “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” (Unquote)
The question, for Us will then be;
“In our democracy, what are we willing to sacrifice in order to achieve development?”
I look forward to this question being answered, as we approach 2016 Budget announcement.
Thank you and Vinaka Vakalevu.
RESPONSE TO PRESIDENTIAL SPEECH FOR OPENING OF 2016 PARLIAMENTARY SESSION
(Thursday 24th September, 2015).
SALUTATION
Madam Speaker,
The Honorable Prime Minister
The Honorable Leader of the Opposition,
Honorable Cabinet Ministers
Fellow Honorable Members of Parliament.
I rise to make my contribution to his Excellency the President’s opening address delivered last week in this August House.
From the outset, I must state that I experienced a mixture of feelings as I listened to his Excellency’s address!
EXPIRY OF PRESIDENT’S TERM IN OFFICE
Nevertheless, I now wish to speak briefly on the last part of it.
Madam Speaker, all good things come to an end.
His Excellency has acknowledged his term as President of the Republic of Fiji Islands will end in November of this year, 6 years after he took office. I take this time to thank His Excellency, Ratu Epeli Nailatikau for his leadership to Fiji. The work could not have been easy. He would be aware Madam Speaker, of the great expectations the people of this Nation had of his services and leadership. He no doubt would also be aware, that at times, he was questioned on some of the decisions he took, or the silence he adopted, during certain times when many expected him to take a position, on matters that had a significant impact on people’s lives.
I am a great believer in the human spirit and in acknowledging that as humans, we will not always have the right answers for everything. I wish you well Sir, and pray you enjoy your twilight years, in whatever capacity you will play God willing.
Vinaka Saka vakalevu.
DEMOCRACY/ SEPARATE STATE
Madam Speaker, His Excellency took great pains to inform this house of our new found Democracy, and why it needs to be protected.
On that, I will quote from Subha Wijesiriwardena.
She is from Colombo, Sri Lanka, is a recognized blogger and a regular contributor to online discourse about Sri Lankan politics.
She made the following comments about democracy following the recent change of leadership in Shri Lanka in January of this year after a decade of authoritarian leadership by former President Mahinda Rajapaksa. And I quote,
“Democracy is not just a system, a structure; it is also a feeling. It is a feeling within each one of us; a desire to be led by the things we believe in; and the people we see those things in. It is a desire to stand up, to feel powerful in our own way, to wield that power in the face of despair and frustration. It is a feeling that inspires other feelings; it gives us courage, it gives us hope. It allows for Army officials- men who have made their entire careers out of respecting rank and taking orders- to say ‘No, ’ when they are asked to deploy their troops to help a desperate and frightened man stay in power; best of all: that they say ‘NO’ with pride, that we all say ‘NO’ with pride”.
Madam Speaker I will now turn my attention to the issue of sedition or the setting up of alternative States. I noted his Excellency’s address spent a considerable time on this subject. I am of the view that any right minded, Honorable Member of this House, will take for granted the firm denouncing of any seditious acts against the ruling of any elected government. Personally, I have and will always denounce the illegal attempts by anyone whether military or civilian, for the overthrow of an elected government, for whatever purpose or argument.
I, hold the firm view, that should we the people find discontent with any ruling government, we must exercise fairness in respect of the People’s majority will, and await Elections, to express our implicit desire for the government we wish to have.
Recently, at an event for Naitasiri High School where, I spoke to my fellow kinsmen to respect and abide by the rule of Law and cautioned against negative political agitation as the mechanism of democracy has been undertaken; and that due recognition and respect is accorded to the government elected by the people.
It is the fair thing to do! Besides, when we the Opposition will become the government of the day; I would expect nothing less than the same respect and call, to be made by our fellow Honorable Members on the other side of this August House.
I reiterate that call today.
We the people of Naitasiri remember like yesterday, the experiences our people were made to go through at Kalabu and at the Tikina of Nabobuco in 2000, as a result of the political manipulation of some people, who remain ambiguous to us to this day.
Some of our people served time for their part in those events, temporarily losing their freedom.
Some nurture scars emanating from the beatings received at the hands of soldiers and the Police, sent in to disperse the groupings and bring to judgment those that it needed to.
I remain outraged with the treatment they received at the time; however, I also believe the actions of our people could have been better.
“Sa rauta na vakayagataki!”
On that note Madam Speaker I conclude by relaying the famous words of ‘Martin Niemoller’, a prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler and spent the last seven years of Nazi rule in concentration camps.
He uttered these words as a result of the lack of resistance to the Nazi ordeal, which the world ignored for some considerable time, before it finally acted.
And I quote, “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” (Unquote)
The question, for Us will then be;
“In our democracy, what are we willing to sacrifice in order to achieve development?”
I look forward to this question being answered, as we approach 2016 Budget announcement.
Thank you and Vinaka Vakalevu.
From Fiji's Daily Post archive, October 2000
The Doctrine of Necessity Revisited: George Speight and the Immunity Decree
By VICTOR LAL
One of the world’s leading international authorities on the subject, Professor J.W. Harris of the University of Oxford, in his book entitled Legal Philosophies, has the following imaginary conversation, which takes place at the office of Kelsen Tours Ltd. On page 64 of the book, Professor Harris writes: (The following exchange takes place at the office of a travel agent soon after the democratic government of a holiday island country has been ousted by a military coup whose leaders have promulgated a constitution and effectively taken over all aspects of government.)
Traveller: Are you saying that I ought to pay the new airport tax on arrival?
Agent: That’s the new regulation.
Traveller: Yes, I know that. But do you mean that I ought to pay?
Agent: Well, they won’t let you through unless….
Traveller: I am not asking you for predictions. Ought I to pay?
Agent: Morally, of course not, given the undemocratic and unjust nature of the regime…
Traveller: I am not interested in your subjective political opinions. Answer my question.
Agent: On the assumption that they were entitled to launch the coup and promulgate their constitution, you ought to pay.
Professor Harris [my former law tutor in Jurisprudence] told me that the above-mentioned exchanges in the office of Kelsen Tours Ltd related to Sitiveni Rabuka’s 1987 coups. He said he was updating his book when there was a change of regime in Fiji.
We thought that one way to test the Doctrine of Necessity in the May 2000 crisis was for us to come up with an alternative imaginary situation, which involved an equally important institution of the State and its actors.
Hence, I came up with the following scenario involving the Judges in the imaginary Fantasy Islands.
‘Criminals hold Chief Justice, Lawmen Hostage-Demand total control of Justice System’
The following imaginary headline is reported by one of Fantasy Island’s leading radio stations, The Coconut Voice, on 17th May 2000. The story goes as follows.
Reporter: A group of criminals, led by one self-styled Mussolini Spite, burst into the Palace of Justice at 10 a.m. this morning and are holding five judges hostages. They are also holding the Attorney-General and the Director of Public Prosecutions of the Fantasy Islands as hostages. They dragged the two from their chambers to join the judges.
Editor: Why?
Reporter: The hostage takers do not like the sentences that were passed on their fellow criminals, and the way the criminal justice system is run on Fantasy Islands.
Editor: But why? They committed serious offences and were punished according to the law of the land. The judges who punished them had been appointed under the 2000 Constitution of Fantasy Islands.
Reporter: Yes. But the hostage takers no longer believe in the law of the land or what the lawyers and judges call the rule of law. They have no faith in the judges to deliver justice. They also argue that they had no hand in the drafting or promulgation of the Constitution and the laws of the Fantasy Islands. They want to have their own laws. They want laws that only apply and protect them, and their criminal activities.
Editor: Where is the Chief Justice of Fantasy Islands?
Reporter: They are, in fact, holding him hostage also. They have already punched and kicked him, breaking his ribs. He fainted at one point from the beatings at the hands of these criminals. They are threatening to shoot him if their demands are not met. They say that the prisoners, their relatives, and sympathisers in several parts of Fiji, will riot and burn the prisons, police stations, and courthouses down if their demands are not met.
Editor: Jesus! Do you think we should starve them off the oxygen of publicity before things go out of control?
Reporter: Its up to you. But even the international press have arrived on the scene. In fact, they have already begun interviewing Spite. He has asked me to join the press corp. Christ!
Editor: What?
Reporter: Spite tells me that several prisoners and their sympathisers have already begun rioting in the prisons, and the areas from which these hostage-takers come from. He also tells me that inmates from Tiboro Prison have overpowered the prison guards and are heading towards the Palace of Justice to swell and strengthen their numbers. Their relatives and sympathisers have joined them. They are even bringing pigs, cows, and God knows what, with them in prison trucks. They are prepared to sit it out until their demands are met?
Editor: Jesus? Where are the policemen? They are normally around the Palace of Justice.
Reporter: Can you believe it, some have been withdrawn from the premises? Others have in fact crossed over to Spite. One told me that although he is a lawman, he thinks Spite has genuine grievances. The laws must be changed. In fact, he says that he is related to Spite. He can’t let him or his comrades down.
Editor: Where is the Police Chief? I phoned the police station but nobody knows his whereabouts.
Reporter: One loyal policeman who had defied the hostage-takers and tried to stop convicted criminals from entering the Palace of Justice, and was just now punched and kicked outside the Palace of Justice, tells me that even senior police officers do not know his whereabouts.
On 29 May 2000, the Prime Minister of Fantasy Islands finally steps in, handing the control of the Palace of Justice and the prisons around the affected areas, and the country, to the military high command. The military, in turn, declare martial law throughout the country. We continue the drama with The Coconut Voice radio.
Editor: Can you tell us, what is happening?
Reporter: The military have made it clear that they will not storm the Palace of Justice because of the fear of the loss of lives. They have, however, opened negotiations with the hostage-takers, with the hope of securing the safe release of the Chief Justice, his four brother judges, the Attorney-General and the Director of Public Prosecutions, so that they can return to their rightful jobs of administering justice in this country under the 2000 Constitution.
Editor: Return to their respective jobs? I thought the hostage-takers are blaming these Judges, the Attorney-General and the Director of Public Prosecutions, for all their suffering and punishment. Do they want a complete overhaul of the judiciary?
Reporter: Well, well, it might be possible according to Spite. Christ!
Editor: What now?
Reporter: Oh, Spite has just got into a police van. I am told he needs some fresh air. Also, he wants to take a tour of KuaKua. He wants to see for himself the so-called damage the escaped prisoners have caused to the city on their way to the Palace of Justice. In fact, it is a carnival atmosphere here but with menacing consequences.
Editor: Jesus Christ! Jesus Christ! Jesus Christ!
Reporter: What happened, what, eh, what?
Editor: Some of Spite’s men are here. They are wrecking our radio station. I must run. They did not like your interview with the brutally bashed and loyal policeman.
The Coconut Voice radio is back on the air. The drama continues
Editor: Hello! Are you there? We are back on the air?
Reporter: Back! Spite is also back from his tour of the city.
Reporter: Mr Spite, Sir, would you kindly grant us an interview.
Spite: Sure, sure. I love the Press and the Press loves me.
Reporter: What are your demands?
Spite: I want to become the new Chief Justice of Fantasy Islands, and some of my comrades who have a wealth of experience in the criminal underworld in this country to replace the four judges. We also want one of our men to become Controller of Prisons. We also want one of our men to be the new Attorney-General. As you know, the A-G is a political appointee. He represents the Government of the day.
We also want one of our highly experienced comrades to become the Director of Public Prosecutions, so that he could concentrate on the public offenders, as the titled suggests, and leave our comrades alone to continue with their habits and pursuits. We do not want non-criminals to tell us how we should run our lives; who we should or should not choose as our victims. Non-criminals do not understand our needs and our desires or our criminal lifestyles. They have no right to legislate or punish us. Our demands are being fully supported by the National Council of Ex-Prisoners Association.
Reporter: Are you mad? The Chief Justice, his brother judges, and the other two lawmen, were appointed under the 2000 Constitution of Fantasy Islands. They have the support of the vast majority of the law-abiding peoples of this country. They are under oath to uphold the rule of law on the islands.
Spite: If you ever call me mad, you are dead, understand? We will throw you in our prison dungeon.
Reporter: Sorry, your honour. Please can you answer my question!
Spite: Good!. I just surveyed the ruins in KuaKua. My men had been so frustrated for years because they could not help themselves to what they liked under our current system of the rule of law. Today they finally had the chance to practice their professional arts, and even operate some of the video cameras, which had been set up to spy on their legitimate activities. We also proved to the police and the nation that it is we who dictate the rule of the game i.e. rule of law.
Reporter: Your honour! When will the hostages be released?
Spite: In fact, we have come to an agreement. We have been granted amnesty provided we fulfil certain conditions. The Chief Justice, the four judges, and the A-G and DPP, will be freed tomorrow, after 56 days as our guests. We know each other better now. They now understand our demands and our needs to take control of our own lives. We have got what we wanted. One of the deals is that we return all the prison keys so that when we return to our prisons for a good nights sleep, we can sleep in comfort and style. We had shut behind us all the prison gates, the cells, and even some prison guards as we headed to take part in this historic festival for 56 days. It had been a long and hard celebration but as you can see, we have finally triumphed in our demands.
The Chief Justice and his fellow captives are finally released after 56 days. The hostage-takers hug and kiss their captives a warm good-bye. The prisoners give a three cheers salute to their leader, Mussolini Spite, and his comrades who led the initial attack on the Palace of Justice. We pick up the aftermath with The Coconut Voice radio.
Editor: Are you there?
Reporter: Yes.
Editor: I just heard that Spite has been arrested by the military. Can you go and find out more. We will remain on the air.
Reporter: Yes. The military has just confirmed that Spite has been arrested. Also arrested with him were other key hostage-takers.
Editor: For what?
Reporter: Travelling in stolen prison trucks, being in possession of stolen pigs from Her Majesty’s prisons, and for not returning the prison keys as stipulated in The Hostage Release and Criminal Justice Accord, which saw the release of the Chief Justice and the other hostages.
Editor: Will Spite be charged?
Reporter: Yes. He has already been charged with kidnap, hostage-taking, theft of State property and other related charges.
Editor: Where are the Chief Justice and his fellow hostages?
Reporter: The Chief Justice, the Attorney-General, and the DPP, have just left the country. They have gone abroad to drum up support from their brother judges and lawyers around the world for their re-instatements, and a demand for the respect and the upholding of the rule of law and the proper and legal functioning of the judiciary in the country. The other judges, who were held as hostages, have returned to their Government quarters and are refusing to vacate their premises.
The Chief Justice, A-G and the DPP returned home to find that they were no longer going to be part of the judiciary, including the freed judges. They had been dismissed under the so-called Doctrine of Necessity. We continue with The Coconut Voice radio.
Editor: Have you managed to get hold of the Chief Justice?
Reporter: Yes. He still insists that he is the Head of the Judiciary, and that his fellow brother judges are still judges of the Bench.
Editor: Who is running the Judiciary?
Reporter: The Prime Minister and the military generals have appointed a team of specialists to run it. They have also appointed a new Attorney-General to assist them.
Editor: Who are the team?
Reporter: I must make it clear that no one from the criminal world, including Spite and the hostage-takers, is on the Bench. The Judiciary is made up of respectable and highly-experienced citizens of the country under the doctrine of necessity. They warn that if the Chief Justice and the other freed hostages are reinstated, more prisoners will riot and burn down the prisons and courthouses throughout the country. There will be anarchy, chaos, and a complete breakdown of law and order. They are taking the threats of some criminals, who have been threatening further uprisings, very seriously.
Editor: What next?
Reporter: The Chief Justice, his freed brother judges, the A-G and the DPP, are mounting a legal challenge against their dismissals. A team of overseas judges will hear the case.
Editor: Exciting times ahead, eh! Thank God. We still, after all, subscribe to the theory, if not in practice, to the rule of law in this country.
Reporter: We hope all those involved in this bitter crisis will respect the judgment. The Chief Justice and the freed hostages claim that they were merely hostages at the hands of a bunch of hardened criminals. Now that they have been released, they want their jobs back.
The new team however claims that they are now effectively in control of the judiciary. The criminals and hostage-takers, they claim, have vanished or have been banished to The Devils Island, and the citizens of the state are freely abiding to the rule of law in the country. The tourists and overseas investors are returning to the islands. The new A-G has just returned from an overseas conference on law and order. He claims that his trip is a testimony that the Government of Apollosia has recognised the new team as legal. Even taxi drivers are paying their fines for minor traffic offences, and market stallholders for violating hygiene regulations.
The new team have however warned that those threatening or questioning the legitimacy and effectiveness of their rule, even if it’s a peaceful protest, will be severely dealt with. Some aggrieved citizens and organizations are still fervently supporting the ousted Chief Justice, the freed hostages, and the rule of law concept. They fear that if the new team goes unchallenged, we might be opening the doors for copycat take-over of institutions by some groups who see these institutions and its heads as ‘oppressive’ to their causes. What, one pro-Chief Justice supporter asked me, would stop a group of people from even taking the Prime Minister and his Cabinet hostage, for they don’t like certain government policies?
Editor: By the way, where is the Prime Minister? What is he saying?
Reporter: What I gather from private sources is that the Prime Minister, in order to continue in office, and run the nation albeit under some constraints, had effectively given in to the hostage-takers demands. He, in fact, had a hand in formulating the military’s response to the hostage-crisis. This has just been confirmed by the Prime Minister’s Office.
Editor: We would like to wish the Chief Justice and his fellow freed hostages all the best in the forthcoming court hearing. God Bless our country. A very good night from The Coconut Voice radio staff to all our listeners who shared the Chief Justice and his fellow hostages agony for 56 long days in the first months of the 21st Century.
If only Mussolini Spite had returned the damned prison keys, he would be roaming around in our midst today as a free man: a criminal villain to some no doubt, but a nationalist hero to his comrades, both inside and outside the prisons, for standing up to his version of their rights on Fantasy Islands.
But, as the Greek mythological saying goes, ‘Whom the Gods would destroy, first send them mad’. There is, after all, no substitute for law and order. Justice is meant to be blind. The symbol of a court of justice is a pair of scales held evenly by an important and blind but sagacious woman. Fate has purposely made her blind, in order that she may not judge a person from exterior but from his or her intrinsic worth.
What a pity! Our Mussolini Spite, if he had only returned those damned prison keys, he could have been repeating the immortal words of his counter-part, Joseph Goebbels, one of Nazi Germany’s and Adolf Hitler’s greatest propagandists: ‘This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed’.
After all, the commander of the army is satisfied that those involved in the May uprising at the Palace of Justice were of the perception that the Chief Justice and his fellow judges were watering down their rights, restricting their allegedly legitimate activities, and were duly harsh in meting out punishment. He had to get rid of the lawmen and the Constitution of Fantasy Islands to solve the hostage crisis. He acted under the Doctrine of Necessity.
Mussolini Spite might have also been elevated to the Judicial Bench to keep his criminal comrades at bay and happy. He might have occasionally threatened to unleash his comrades onto the streets if things did not go their way. He would have invoked his own diluted version of the Doctrine of Necessity.
Fijileaks Editor: Professor Harris died in 2004; most of the events in the above exchanges did take place during the 2000 crisis except I had changed the actors and the institutions.
