MERRY GO-AROUND: Speaker tells NFP to go and ask Solicitor-General about the suspension; Biman Prasad to Luveni: "The people have the right to know why and on what legal basis you are taking this step"

7/2/2016

Luveni says the advice given to her by the Solicitor General was in confidence and they allowed her to reply to the suspended NFP the gist of the advice

05 February 2016

The Speaker
Parliament of Fiji
Government Buildings
Suva

Attn: Honourable Dr Jiko Luveni

Dear Hon Dr Luveni
Suspension

We are writing to you to in response [to] your letter dated 4th February 2016. This merely states that we have been suspended as Members of Parliament based on 'legal advice'. We understand this advice was obtained from the Solicitor-General, given your public pronouncements on the issue.

Your position was not consistent with the advice we had received, from our lawyers, Munro Leys (refer the Memorandum of Advice dated 4 February which was forwarded to you yesterday).

You have set out three propositions in your letter but you have not explained the legal reasoning that supports them. We have shared with you the advice we have received. Why should your office not do the same?

Please would you forward to us a copy of the legal advice you have received. You are denying to Members of Parliament, Fiji’s highest democratic institution, the right to take their seats in service to those who elected them. The people have the right to know why and on what legal basis you are taking this step.

Yours faithfully
Biman Prasad

9 Comments

Rajend Naidu

7/2/2016 08:23:12 pm

Editor,
TRANSITIONAL GOVT TO ORGANISE HAITI ELECTIONS
We learn from LAHT 7/02 that in Haiti's " current electoral crisis" - candidates who had " won the most votes " in previous election refused to take part in the current election because of alleged
" serious irregularities " in the process.
As the way out of the election crisis the Organisation of American States ( OAS ) mediated for the setting up of a " transistional government that will be in power for 120 days during which it will organise the presidential runoff election for next April 24".
Fiji by contrast had no election crisis. Everybody was happy to have the dictatorship organise the elections under its own terms with support from people ( some well meaning people no doubt ) .
Now the people of Fiji and in particular in the context of the NFP suspension the Opposition have to live with the product of that election " to return Fiji to democracy"
What kind of democracy is that where those in power can still ride roughshod over the Opposition ( the presumed alternative government) and where the people have no right to know on what legal basis the Opposition members they elected to parliament have been kicked out of parliament.
Is the new parliament run by the rules governing the functioning of a parliament in a modern democracy or is it run on the whim of the erstwhile dictator and his main boy?
Sincerely,
Rajend Naidu

rajend naidu

7/2/2016 09:40:11 pm

Editor,
Winning at all cost mentality
In his letter ' Well Done Boys' ( Fiji Times 8/02 ) Allen Lockington says " once again we lose, there is a difference, this time we went down fighting". It is good to see Mr Lockington now recognises that there is that difference because he previously held the view articulated in one of his letters that " winning was what it was about " ( a view I had disputed then).
The wining at all cost mentality is not a good thing - in sports or in politics . Nasty things happen when that mentality takeover ones thinking and perspective. ( just ask the NFP politicians arbitrarily booted from Parliament ).
We must appreciate good effort and people doing the right thing even if or when they lose.
The Fiji rugby 7s did that over the weekend in Sydney.
I share MrLockington's sentiments this time.
Sincerely,
Rajend Naidu

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8/2/2016 12:07:17 am

The dictates of justice required Dr Denist Speaker to have sought independent legal advise, independent of the Executive arm of the Government, that the Solicitor General is part of. Speaker, being an independent arbiter, must be independent of the Executive arm of the government,as the principles of separation of powers dictates that the institution of Parliament; the legislature is independent of the executive arm of the government.

Notwithstanding the fact that the Speakership has long been regarded as a political appointment, Speakers must strive to discharge their duties with impartiality. As a rule, Speakers must be sufficiently detached from government activity to ensure what can be justly claimed to be a high degree of impartiality in the Chair.

Members are entitled to expect that, even though the Speaker belongs to and is nominated to the position by a political party, her functions will be carried out impartially. At the same time, a Speaker is entitled to expect support from all Members regardless of their party.

However, the disgrace the Madam Denist is to the institution of Parliament. She has made the Parliament a laughing stock. It's sad the opposition has pussied out and is tight lipped on NFPs fate. What happens if the same becomes of them? If nobody speaks up now, that day is not far way when ASK, FB and his cronies would have locked out the whole opposition out of Parliamet. SHAME! I strongly believe this is the reason the Coup Culture in Fiji will never stop.

Krishna

8/2/2016 04:19:50 am

I believe its a sign from The Almighty that the parliament didn't sit today. These useless bunch have no conscious for robbing the nation, they surely don't deserve power! Hope people remember this sign for the forthcoming elections! Though we would like some entertainment from the Monkey Minister & the Brady Bunch for the time being lol.
On the other hand, it just might be a ploy to get more time for solicitor general to read through the lengthy political decrees dished out by Monkey Minister, for the NFP saga.

Dekho

8/2/2016 07:19:10 am

The Bainimarama- Khaiyum dictatorship secretly sneaked decrees on the people of Fiji to reduce their rights and freedoms. Now that the dictatorship has become a " true democracy" it does its business " IN CONFIDENCE ", meaning it continues to conduct itself in the same dictatorial way, the upshot of which is as the " democratically elected " government they do whatever they want and the people and the Opposition can like it or lump it. That's " true democracy" Fiji style!

On-Song

8/2/2016 09:49:15 pm

Directing the MPs to go consult with somebody else (Solicitor General) on a decision she made just makes the Speaker totally irrelevant and the complete idiot. This monkey show is fast becoming a circus and giving Democracy a whole new face. So many contradictions, so many lies and so much pettiness because Power has been restricted to only a few who dictate unashamedly

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9/2/2016 06:26:34 am

Seemingly she is trying to saying that the advice is privileged information hence, she is not required to disclose that by law. However, given her high office, she is accountable to the Fijians therefore she must exhibit impartiality and transparency that requires her to disclose any such privileged information in public interest. She may not be entitled to claim that client legal privilege given that advise was not independently sought.

However, it seems that all is flawed and the Madam Dentist Speaker does not appreciate the basis tenets of how a democracy operates, and the principles of separation of powers. In response to Ro Kepa's request that she should seek legal opinion from someone else apart from the Solicitor General's Office in today's news, she responds:

"Dr Jiko Luveni said the administration of Parliament came under the Office of the Attorney General."

This goes on to show that she has no understanding of how the Legislature is separate from the Executive Arm,therefore the the executive cannot interfere in the running of the Parliament except for making budgetary allocations. Fiji's democracy has become a laughing stock and fallen and to its lowest. If they Fijians don't wake up today, they will forever be enslaved by Dictator!

http://www.fijitimes.com/story.aspx?id=341004

Chiku

9/2/2016 11:21:02 pm

Let me be short and succinct in my description of the conspiratorial decision to suspend NFP members of parliament : it is ABUSE OF POWER by the Bainimarama -Khaiyum regime. All else is bullshit.

On-Song

10/2/2016 12:35:12 am

Only one appropriate action to take; the whole Opposition refrains from Parliament until the NFP is back OR resign en-masse and demand a new Election under a new Constitution because the current one ain't working in favour of the people who are ruled by so many rejects of the last Election!! Let us try the 'first-past-the-post' and see where the current corrupted lot end up!!

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MERRY GO-AROUND: Speaker tells NFP to go and ask Solicitor-General about the suspension; Biman Prasad to Luveni: "The people have the right to know why and on what legal basis you are taking this step"

Luveni says the advice given to her by the Solicitor General was in confidence and they allowed her to reply to the suspended NFP the gist of the advice

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