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NFP WALKED INTO 'TALIBAN's' trap by going to some WONKY auditors who can't be found even on the net - end game was to get rid of Biman Prasad as PAC chairman; Khaiyum emboldened by some SODELPA MPs

11/2/2016

26 Comments

 
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HISTORY LESSON from Fijileaks Founding Editor-in-Chief and a stark warning to Aiyaz Sayed Khaiyum [He was our main 1987 bomb maker, and was guarded in the police cell by none other than a young naval officer  called Voreqe Bainimarama, cheerleader of racist Rabuka; Khaiyum later fled to Australia, leaving other freedom fighters to carry the can]: "In 1987 we told dictator Sitiveni Rabuka and his marauding racist native Fijian gangs: 'Look here, you thugs - If you want violence, we will give you VIOLENCE...We are not going to subjugate ourselves to a constitution of this kind, signing away all our rights and agreeing to be slaves...I [Mohammed Rafiq Kahan] wanted you to test the guns that we are going to supply to our brothers [Indo-Fijians] here because Fiji is making a fool of itself in the world. There are traitors running this country...The [arms] were brought to Fiji for the protection of the Indian people during civil disturbances...Just because those who had been oppressed have not hit back is no reason to believe that they will forever remain compliant. The time will undoubtedly come when our patience will run out and, refusing to submit to further humiliation and deprivation, we will retaliate...Rabuka, you have left us no recourse but to exercise our right to rebel...to repeat poet Lovelace-Stone walls do not a prison make - Nor iron bars a cage'." 

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COMRADES AGAINST DICTATORSHIP: Mohammed Rafiq Kahan and Victor Lal in London, 1988
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The regime's lapdog 'presstitute' newspaper - via Coconut Wireless - had already warned that Biman Prasad would be removed - written by none other than Aiyaz Sayed Khaiyum and Biman Prasad so it coming!

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Alice in Wonderland

By Richard Naidu
Thursday, February 11, 2016
The Fiji Times


Only 20 sitting days have been allowed to Parliament this year. One has already been lost to a power blackout. So why did the Government waste so much time on Tuesday voting to suspend standing orders then debating and then voting through a motion to "endorse" the Speaker's suspension of NFP's Members of Parliament?

Parliament cannot vote to suspend MPs unless the Speaker has named them for disorderly conduct (Standing Order 76). NFP's MPs could not be guilty of that — they are not even there. So the Government motion is meaningless. But it may illustrate the poor understanding of certain of our current leaders of the role and function of Parliament in a democracy.

In a democracy, the people are supreme. That means that their representatives have the right to speak for them at all times, subject to very narrow exceptions. This is not a right of the parliamentary representatives or their political parties, but of the people they represent. That right cannot lightly be taken away.

Perhaps the Government's "endorsement" motion is an attempt to put beyond judicial scrutiny the Speaker's decision (apparently on the advice of the Solicitor-General) to suspend NFP's parliamentarians. Time will tell whether that is correct. But a decision by a public officer, such as the Speaker, is still a decision and the law (whatever the law is) applies to that decision. A meaningless "endorsement" does not change the law in relation to that decision.

More curious is Mr Sayed-Khaiyum's justification of the Speaker's decision to suspend the NFP parliamentarians in the first place. He appears to think that "any duly elected Member of Parliament must be a representative of a registered political party" (which is not correct — independent MPs may be elected).
"Logically and consequently", he says, "the suspension of registration of a political party must have the effect of suspending that party and its members from Parliament".

But that is not what the Political Parties Decree says. Section 27(6) says clearly that if a party is suspended for an offence against the decree, its MPs continue to hold their parliamentary seats. So why would it "logically and consequently" be different for a party such as NFP, suspended merely because it is accused of not having its audit signed off properly?

But let us assume (perhaps in the face of the obvious) that Mr Sayed-Khaiyum is right. That would mean that, if his FijiFirst Party is suspended, for some (real or imagined) breach of the Political Parties Decree, "logically and consequently" Government would come to a halt. In a democracy, the Government derives its authority from Parliament.

Under Mr Sayed-Khaiyum's Constitution, a minister can only be a minister if he is a Member of Parliament. So if a minister does not qualify to sit in Parliament (on account of his or her party being suspended), he or she cannot function as a minister. Is this "logically and consequently" how the country is supposed to be governed?
This is not "true" democracy. This is "Alice in Wonderland" democracy.

Government is a business to be carried on with respect for everybody. It is not something you make up as you go along just so you can win today's argument.

An institution such as the Parliament (the legislature) is supposed to be separate and independent from the executive side of Government (the ministers and the civil service). This is why it is important for Parliament to have experienced, professional — and most importantly, independent — legal advisers of its own.

* [Fiji Times] Editor's note: Mr Naidu is one of The Fiji Times lawyers, who from time to time, advises the paper. He has also acted for the NFP in respect of the party's suspension by the Supervisor of Elections. The views in the letter are his own.

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Fijileaks: SODELPA MPs have spent too much time singing the same racist, indigenous songs in Parliament, and as a result will remain on the Opposition benches come 2018 general election (if it is held at all); just look at the "The Gaunavinaka Report" oozing with racism against NFP leader Biman Prasad and Suva lawyer Richard Naidu; incidentally, Kepa has stood up to few racist bigots in SODELPA re for Prasad and Naidu

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"It is unfortunate to state that the appointment of Richard Naidu as the Opposition’s nominee was the decision of the Leader of the Opposition alone and did not reflect any consensus with the caucus or the party. She pushed her way through to get her choice despite members of the caucus suggesting other nominees
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Opposition walks out as Parliamentary Standing Orders get amended

By
Vijay Narayan
Thursday 11/02/2016


Attorney General Aiyaz Sayed-Khaiyum
Parliament has passed amendments to the parliamentary standing orders which sees changes regarding the chairmanship of the Public Accounts Committee, the handling of issues by committees, how to deal with petitions and bills.

Members of the opposition did not want the changes and walked out in the middle of the debate. Attorney General Aiyaz Sayed-Khaiyum tabled the proposed amendments late this afternoon.

The Standing Orders passed in 2014 stated that the Public Accounts Committee may only elect an opposition member as Chairperson. The amendment passed today says that the Public Accounts Committee members can appoint any member of the committee as Chairperson. The section saying that only an opposition member be appointed as Chairperson of the Public Accounts Committee is deleted.

There are three government MPs and two opposition MPs in the standing committees.
Sayed-Khaiyum says anyone from the committee can take up the chairmanship and this totally depends on the committee itself.

The opposition is concerned that a government MP will now lead the Public Accounts Committee. Suspended MP Biman Prasad is the Chairman of the Public Accounts Committee. Another amendment says that Parliamentary Standing Committee members can vote to change the Chair of the committee every 12 months if they wish to do so. Sayed-Khaiyum also says parliamentary standing committees must not examine the merits of underlying policies.

Another change says that any petition to be brought into parliament must be put to a vote.

If 40% of parliament agrees to the petition, then it will be referred to the standing committee. The current practice has any MP bringing in a petition and it is then referred to the committee. Opposition Leader Ro Teimimu Kepa opposed this change and called on the Speaker Doctor Jiko Luveni to seek legal advice before going ahead with the debate.

Doctor Luveni says she does not need to get advice and the debate will continue.
Another major amendment states that bills are to only be brought in by the government side. Other MPs can bring in private bills.

The amendments were passed as there was a quorum and parliament continued despite the opposition walkout. Source: Fijivillage News

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26 Comments
Vili
11/2/2016 09:42:13 am

Lets see how that 'Trap' unfolds

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Injustice
11/2/2016 11:22:17 am

Indeed Vili it is interesting only time will tell but Naidu's got a valid argument however in Monkey's court, wise are dispied and foolish rules unless miracle happens.

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Injustice
11/2/2016 11:32:18 am

I agree with Victor. If a common man can make out what the future predicts after reading coconut wireless then why Biman couldnt understand. Further, is NFP so broke that they cant engage a credible audit company when they knew that they are on the radar of FFP. So foolishness of NFP. No wonder they kicked out. So silly. A wise politician is he who already masterminded the oppositions demise to earn political mileage.

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well well Mr Injustice link
11/2/2016 11:09:24 pm

Its ok for FF to steal another party's name and register itself. Its ok for Khaiyum to give false declaration of his assets and dealings. Its ok for FF to hide facts where and who is giving it millions as gifts. its ok for FF to give tokens to people but pocket millions overseas. But "we have the smallest political party and its 3 vocal members of parliament, suspended, for allegedly having its books signed off by an Australian-certified and Fijian chartered accountant - but not a "certified FJ accountant (mind boggles). Then a week later - we have the FJ First Government changing the rules so that its own handpicked accountant/economist etc can chair the committee that scrutinises its own spending." Now what exactly are we missing Mr Injustice! Wonder if your so-called favourite politician looks at himself in the mirror and says I am smart, I am untouchable, I am above all, I am the best. I am immortal. I will never lose, I fear no one.

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Simply
11/2/2016 11:47:25 am

The 'Alice in the Wonderland Democracy' exists only because of Khaiyum's FRAUD 2013 Constitution.

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Monkey See
11/2/2016 11:56:05 am

The Year of the Monkey started with a bang in Fiji’s Parliament with some Monkeys banned, some Monkeys walking out and other Monkeys remaining pontificating their wishes into law.

What a plucking farce!!

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We Know
11/2/2016 12:04:06 pm

Democracy is D-E-A-D!. Finito! Sa Oti! Kalash!
RIP Democracy Fiji!

Welcome to the Dictatorship of Major General Khaiyum.

...and ll because of Aunty Bano

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Chiku
11/2/2016 02:52:23 pm

This is but further evidence of the " true democracy" designed by Khaiyum and supported by elements of the local intelligentsia.
I think by now it should be clear that in Aiyaz Sayed Khaiyum we are dealing with a megalomaniac who will stop at nothing to have his way.
Only intellectual imbeciles will fail to realise that.

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Dekho
11/2/2016 03:38:40 pm

... Parliament continued despite the Opposition walkout.
The opposition should stay out to expose the parliamentary farce in Fiji. By their stay in parliament they are a party to the farce. Remember Gandhi's effective strategy of peaceful non cooperation to render tyrannical rule impotent.
For once think about the country and not your parliamentary privileges as an MP. Have some self- respect, if nothing else.

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Socho
11/2/2016 04:03:25 pm

Cynical manipulation to serve his political agenda - of illicit enrichment and unfettered power - has been Khaiyum's modus operandi from the very beginning of the Bainimarama coup, the 8 year dictatorship and now in the bogus democracy installed after a gerrymandered election.
The parliament is used not to serve the people of Fiji . It is cynically used to serve the special interests of Khaiyum and his cronies.

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fools of paradise
11/2/2016 04:35:35 pm

what do you call a lawyer gone rogue ? fools of paradise who voted this dicks for freebies have no idea what they have done. there is no democracy in fiji. hasn't been since 1987. there is more to this than what meets the eye. the academics of this country will not sleep well because they know FF is taking complete control and when you control the money you control every citizen of this fool of people of this country. this is very dangerous . what the ministers of FF are giving in for control right ? so there is no opposition to anything ? so no one can stop FF from doing spending anytime anywhere no audits. people don't seem to understand that you can't give that kind of power and no government should have that kind of power. idiots.

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democrat
11/2/2016 05:58:42 pm

Poachers turned gamekeepers

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rajend naidu
11/2/2016 04:42:43 pm

Editor,
Auschwitz guard on trial in Germany as accessory for 170,000 murders ( BBC Global 12/02 ) is a stark reminder that the evil that men do lives after them and the long arm of the law can reach them at age 90...
That is as should be. The evil perpetrated by the Nazis and their murderous henchmen should not go unpunished and should not be forgotten.
The same goes for all other evil doers who humiliate and harm others by the abuse of power.
Sincerely,
Rajend Naidu

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Fiji First Party
11/2/2016 08:03:13 pm

Bainimarama’s ParkChor Party should be suspended for STEALING another Party’s name –thus blatantly breaching their own Political Parties Registration Decree - in process. The supposedly independent SOE Saneem is also part of the corrupt cabal and should also be suspended with immediate effect and all three should be investigated by FICAC for the said IP theft (amongst other Corruption).

Bainimarama and Aiyaz are the world’s most pitiable IP thieves ever.

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Rustam
11/2/2016 08:26:23 pm

Isn't this exactly what Richard Naidu and Jon Apted mention- a situation where the Fiji First (Theft) Party is in breach of the said decree...? This IP theft is surely in breach of the decree.

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Samjha
11/2/2016 09:02:17 pm

From Delta, Bc, Canada where he is parked comfortably Savenaca Vakaliwaliwa tells us " Fijians today enjoy democracy at its best" ( Fiji
Times 12/02 ). The man apparently has a remote control system lodged in a certain region of his anatomy to discern the nature of democracy in Fiji . I think if you ask him he'd tell all is good in Syria as well under Basha al Assad's rule. What a moron!

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Asking a Question?
11/2/2016 09:18:38 pm

Are these issues part of entrenched Constitution 2013 matters that require 75% parliament and 75% public in a referendum to be able to allow such changes and not merely by an Act of Parliament by ordinary votes?

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Answer
12/2/2016 07:25:03 am

In this Constitution the percentages don't matter as long as it has its parental approval from General Khaiyum.

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Yes...,
12/2/2016 03:14:39 pm

General Khaiyum the Father of the the FRAUD Constitution.

Chiku
11/2/2016 10:12:27 pm

Referring to the bringing in of Russian arms into Fiji without Parliamentary debate or approval ( in fact it was done secretly ) Rev.
Akauola Yabaki notes " there will be those who offer their tacit approval to this move" ( Fiji Times 12/02 ).
Yes just as there were those who offered their tacit approval to Bainimarama and Khaiyum's grand design to creat " true democracy " in Fiji.
Now we are witnessing evidence of that " true democracy".
The good reverent ends by asking " where is Fiji heading? ".
For those of us who have had our eyes wide open since the early days of the Bainimarama regime it is pretty obvious where Fiji is heading : to entrenching an authoritarian state under the guise of democracy.

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Pita
11/2/2016 11:07:02 pm

After 9/11 US President Bush uttered a new doctrine -- "you are either with America, or against it." No 2 ways. Just as Bai and Khai came to power through a coup implanted and blessed by the CIA following a meeting with Dick Smith on Malololailai Island (Time Magazine) the acceptance of Russian arms will mean that Frank and Khaiyum's time are numbered. No the people of Fiji will not remove them, but the CIA will. The only thing stopping them is to find a legitimate popular leader and there is none I can see from the Opposition ranks

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And
12/2/2016 01:01:14 am

Where is Fiji heading? It's heading nowhere. The country has already gone to the dogs. Some have yet to realise that.

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Rustam
12/2/2016 07:19:54 am

Maybe, this good Reverent needs reminding that some also gave ‘tactical’ approval to 'illegally review’ our Peoples’ 1997 Constitution. Perhaps the most surprising of these ‘tactical’ approvers, then, was none other than the very body bestowed with the trusteeship of protecting our Peoples’ 1997 Constitution – the CCF.

Perhaps it’s a bit too late for this ‘Revenant’ to be asking ‘which direction is Fiji heading…?’ To the dogs, off-course!

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rajend naidu
12/2/2016 12:05:30 am

Editor,
The modus operandi of the anti- democratic state.
We learn from a Human Rights Watch report 11/02 that a court order to close a leading rights group in Russia is a new low in the government's vicious crackdown on independent groups.
Agora Human Rights Association, a network of lawyers and activists, is widely known for defending civil and political activists across the country. Agora's lawyers have represented victims of political persecution in numerous high profile court cases.
According to Hugh Williamson, Europe and Central Asia director at Human Rights Watch, " There is little doubt that Russian authorities want to paralyse Agoras human rights work and are using the judicial system to accomplish this.For years, the government has been demonising human rights groups and stifling them with bureaucracy. Now it's starting to shut them down".
Notice any parallels with the situation prevailing in Fiji?
And Russia is a permanent member of the UN upholding the UN values as enshrined in the Universal Declaration of Human Rights, right?
Sincerely,
Rajend Naidu

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On-Song
12/2/2016 01:59:11 am

SODELPA must now give formal Notice of staying out of Parliament until the return of its partner the NFP. The Opposition must vigourously protest the notion that the ruling Govt. is the best entity to have oversight for its own spending. If the Auditor General's Report is anything to go by, this Govt. has no business at all in any investigations into its Financial spendings and associated fraud. Ok for monkey Minister to say that in Aust. the PAC is chaired by the ruling Party, but the levels of integrity associated with Accountability and Good Governance is totally absent in Fiji where salaries are handled by private entities closely associated with the leadership and hidden from the public, where corruption is rife amongst the rulers and Parliament led by the ignorant and least qualified. If indeed this was a model based on the Aust. system, majority of the Fiji First Party would be watching from the gallery and never to be heard. If this was Aust. as alluded to by monkey minister Kaiyum, the Govt. leadership would be running the Naboro canteed instead. There are enough legal brains available to STOP this charade and the bastardising of the House; please act for and on behalf of all concerned and worried about the ravings of this Govt.

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totaram
12/2/2016 04:27:06 am

your heading is apt...NFP walked into trap. why was NFP leadership sleeping. Aren't they to be blamed for putting themselves in this situation. this just shows their lack of maturity in politics.

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