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LEGAL NUMBSKULL: New Zealand law professor reminds Fiji's legal numbskull Aiyaz Khaiyum: "You have no powers to poke your nose in the workings of the Parliamentary Standing Committee" - read legal text!

22/12/2015

8 Comments

 
Last week, Aiyaz Sayed Khaiyum called the chairman of the parliamentary standing committee on foreign affairs and defence and told him its investigations into allegations raised by local lawyer Aman Ravindra-Singh were illegal, resulting in the committee suspending its investigations.

Mr Sayed-Khaiyum later told Fiji media that the committee members were not suitably qualified and that the investigation should be carried out by police.

He also insisted he had acted within his rights in advising the committee.

But the University of Auckland's Bill Hodge says Mr Sayed-Khaiyum overstepped the boundaries set out by the original British bill of rights of 1689, which governs the separation of powers in democracies and parliaments all around the world.

"The attorney general is actually part of the executive and the original privileges for parliament were designed to prevent the executive from interfering. That is exactly why we have these privileges to keep the attorney general out of it."

Dr Hodge also says the speaker of parliament despite being the head of the house has no power over committees, and only a motion by the whole house can limit or terminate standing committee functions. Source: Radio New Zealand International

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AG SUBVERTING PARLIAMENTARY DEMOCRACY - LEADER OF THE OPPOSITION CALLS FOR THE RESIGNATION OF THE AG

The Leader calls on the Attorney General to resign as he has subverted (again) the role and powers of the Speaker of Parliament and parliamentary democracy by ordering the Chairman of the Parliamentary Standing Committee on Foreign Affairs and Defence to stop looking into allegations of torture raised by lawyer Aman Ravindra Singh in the foreign media.

The Committee was meeting for the 2nd day today in Parliament following a letter from Committee Member and Opposition Parliamentarian Honourable Roko Tupou Draunidalo.

Committee Chairman Honourable Colonel Netani Rika decided to bring the meeting to an abrupt end before midday today. He told the Members that the Attorney General had called him to stop the meeting saying the Committee did not have parliamentary authority or approval to meet and furthermore that Aman RavindraSingh had not filed a complaint with police regarding the torture allegations.

Both Opposition Members on the Committee Hon. Draunidalo and Hon Ratu Isoa Tikoca opposed this premature termination of the meeting informing Colonel Rika that the meeting was taking place under the authority of the Speaker who is the overall and sole authority of Parliament - not the Attorney General or any other Member of the Executive which is the Government.

The bipartisan committee adjourned their meeting and the Opposition Members asked the Chairman for clarification and direction from the Speaker and Secretary General to parliament.

Through his interference, the Attorney General has again, undermined the neutrality and independence of the Office of the Speaker to make decisions independently based on the sole premise of upholding parliamentary democracy.

If anything, the Attorney General should have (like any other member of the public), appeared before the Committee and made his submissions. This would have been the lawful and logical step.

This is a extremely dangerous action. Already at the beginning of this year, the Attorney General wrote to the Secretary-General of Parliament directing her to change the parliamentary office funding and resourcing formula. This matter could not be raised in Parliament after the Speaker ruled the contents of the letter were confidential in accordance with 44(12) of the Standing Orders.

And now the AG has gone a step further and through the Fiji First Committee Chairman stopped proceedings of a parliamentary committee mandated by the Speaker to meet - to look into serious allegations (torture of citizens and taxpayers).

This action by the Attorney General must be seen as a further step towards erosion of any semblance of parliamentary democracy in the New Year.

The Hon. Ratu Isoa has already tendered in parliament evidence of corruption against the Attorney General. That he has interfered with the judiciary, FICAC, PAC and now a parliamentary committee.

The Leader of the Opposition calls on the Attorney General to tender his resignation.

8 Comments
Chiku
22/12/2015 10:32:09 am

What Bill Hodge the law professor at University of Auckland says about the separation of powers in democracies and parliaments is of course true. But Fiji only has democracy and parliament governance in name and for show. It's a masquerade to keep the international community on side. In reality the Bainimarama -Khaiyum dictatorship remains alive and well in Fiji which means Khaiyum can pretty much interfere wherever he wants to dictate what anyone can and can't do in the " New Fiji " of their creation. That is what Khaiyum has done in this case under discussion here. When one has a proper grasp of the political reality in Fiji it is not hard to see where Khaiyum is coming from. He still enjoys unfettered power - the kind one has in a dictatorship.

Reply
Fools of Paradise
22/12/2015 03:16:51 pm

We don't need a Law Expert to tell us that ASK is interfering with every process in house. Please tell this the gullible public who wait for everyday hand outs and believe truthy that FF are reforming the public sector on whose expense. the intelligent will not speak up , because of repercussions . Fiji times is boring , because they have been threaten of shut down . Fiji Sun is pushing the limits for the
gullible readers and trying bump up sales. The associations of tourism , retailers , etc etc do not speak out because FF threatens them with audit and harrasement from govern departments. So where is the democracy to speak out . the fear of prosecution and persecution is mutual.

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Rajend Naidu
22/12/2015 07:53:12 pm

Editor,
CONCIENTIOUS HUMAN RIGHTS LAWYER
We read in the Voice of America article ' Rights Groups Denounce Guilty Verdict For Chinese Lawyer ' ( 22/12 ) by Joyce Huang that a Beijing court pronounced prominent human rights lawyer Pu Zhiqiang guilty of " inciting ethnic hatred " and " picking quarrels and provoking troubles " but gave him a suspended 3 year jail term. The criminal conviction means Pu can't practice law again.
That was clearly the motive behind this spurious charge, farcical trial and conviction. Pu said he will not appeal the conviction saying history will be the best judge.
Rights groups condemned the court's conviction as a travesty of justice, and one which showcases China's attempts to send a warning to outspoken activists and critics.
Pu is a lawyer, a human rights defender and an unwavering advocate of free speech. That's why the Chinese State persecuted him. But the Chinese people are proud of him and what he stands for.
We of course know of lawyers from our experience in post Bainimarama coup Fiji who we are ashamed of because they defended the dictatorship in Fiji to line their own pockets and for their own self- aggrandisement at the expense of the people of Fiji.
Sincerely,
Rajend Naidu

Reply
Welcome Home
23/12/2015 03:15:04 am

Maybe a copy of Walter Bagehot in every Christmas stocking? 1689 was a very good year: A Vintage Year. John Bright and his speech on the Mother of Parliaments to add some seasonal light to dark corners. Dr Bill Hodge will be told he is 'out of order' but we ought to know better.

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Samjho
23/12/2015 08:35:44 am

Thank you Dr Hodge for the further education you offered Fiji's first legal officer, the Attorney General and Minister of Everything Aiyaz Sayed Khaiyum. He has exposed himself as a man in need of illumination on finer legal precepts and principles, notwithstanding his pretence of being knowledgeable in matters of law.

Reply
Rajend Naidu
24/12/2015 05:25:23 pm

Editor,
There are two varieties of lawyers.
. One variety defends the indefensible. They defend a dictatorship and the assault on human rights and democratic freedom it entails. They get rewarded by the dictatorship. We know of this variety from our recent history in Fiji.
The other variety defends democracy, human rights, civil rights and free speech.And this variety get hounded by the mob in power.
Here is an example of this political persecution.
We learn from the Voice of America article ' Rights Groups Denounce Guilty Verdict for Chinese Lawyer ' ( 22/12 ) that a Beijing court gave prominent human rights lawyer Pu Zhigiang a three year suspended jail sentence on what many regard to be spurious charge of " inciting ethnic hatred " and " picking quarrels and provoking trouble".
Rights groups condemned the court's conviction as a travesty of justice, and one which showcases China's attempt to send a warning to outspoken activists and critics that dissent will not be tolerated.
It is an attempt to silence critics. That was clearly the case with Pu's persecution, the farcical trial and conviction which means he can't practice law in China again.
You can only respect and admire the courage of a lawyer of Pu's kind.
Sincerely,
Rajend Naidu

Reply
Bahuki
28/12/2015 02:55:56 am

AK-47 is yet to know his limitations to endless power that he's already craving and enjoying at the moment.

Reply
Tomasi
1/1/2016 04:35:16 pm

Very true Bahuki. But someday soon, he will have a rude awakening, if he continues walking down the same path. Let us hope he wakes up before something drastic happens to him and his twin dictator.

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