“It’s very worrying because we understand activities such as this are being funded of course by foreign entities and governments etc. But more to the point is that CCF, supposedly an independent, impartial NGO or member of the civil society is here telling lies to the public of Fiji."
 Attorney General Aiyaz Sayed-Khaiyum has called on the Citizen’s Constitution Forum to withdraw its booklet on the 2013 constitution, as he said some of the contents of the booklet is misleading and incorrect. Sayed-Khaiyum said the government will write to CCF to withdraw the booklet. The Attorney General said the CCF is taking around this booklet throughout Fiji at the grassroots level and it may even be translated into the vernacular language. One of the issues raised is the section relating to the compulsory acquisition of land. Sayed-Khaiyum questions why the new section is not included where the land taken through compulsory acquisition will be returned to the landowners if it is no longer required. He said there are a lot of factual inaccuracies in the booklet and there are deliberate omissions and additions. The Attorney General said other inaccurate details in the booklet include the information that a cabinet is a body of advisors to the President. Sayed-Khaiyum said everyone knows that the cabinet consists of the Prime Minister and the number of ministers is determined by the Prime Minister. He said the booklet also said that there is no limitation to the number of ministers the Prime Minister can appoint |   CCF Executive Director Akuila Yabaki told FBC News he wants to dialogue with the AG’s office and sit with legal advisors so that the issue can be resolved. Sayed-Khaiyum said there has been no limitation set for cabinet in the past. He said in 2006, Fiji had 36 ministers in the so called multi party cabinet. The Attorney General said the booklet also said that the 1997 constitution was abrogated in 2006. He said everyone knows that the 1997 constitution was abrogated in 2009. Source: Fijivillage News |
FACTUAL INACCURACIES IN THE BOOKLET: Fiji Sun
Attorney-General Aiyaz Sayed-Khaiyum has outlined some of factual inaccuracies in the Citizens’ Constitutional Forum 2013 Fiji Government Constitution booklet.
CCF: the definition of Cabinet is a body of advisers to the President who lead the ministries, secretaries or departments of government. There is no limitation to number of ministers.
A-G: Everybody knows that Cabinet consists of the Prime Minister and the number of ministers is determined by the PM. Has any Constitution set a limitation before? In 2006, we had 36 ministers. Suddenly now it has become a problem.
CCF: 1997 Constitution was abrogated in 2006.
A-G: It was abrogated in 2009. How can one make such a mistake?
CCF: 2013 Fiji Government Constitution
A-G: If the booklet is going to be objective, why does it say Fiji Government Constitution?
CCF: Preamble does not recognise history of Constitution making and remains silent on history that led to the 2013 Constitution.
A-G: You will find numerous references to different opinions in this booklet. It is not a factual booklet. It does not tell you in plain language what is exactly in Constitution.
This is a total disregard to our history. When you talk about history it depends who is writing it. The 1970 Constitution missed out on various aspects of Fijian history so did the 1990 Constitution. Some say the 1990 Constitution distorted history.
CCF: Protection of Bill of Rights is weak because parliament has powers to limit or restrict freedom
A-G: Any lawyer would tell you the test of necessity is similar as was applied in 1997 Constitution. Limitation of rights can be challenged in court.
CCF: PM and A-G have control over the Judicial Services Commission
A-G: They don’t. The commission is an independent five-member commission.
CCF: People who have been given immunity have unqualified immunity.
A-G: That’s not true. If you commit a crime like rape you are not covered. The Constitution has clear provisions.
Attorney-General Aiyaz Sayed-Khaiyum has outlined some of factual inaccuracies in the Citizens’ Constitutional Forum 2013 Fiji Government Constitution booklet.
CCF: the definition of Cabinet is a body of advisers to the President who lead the ministries, secretaries or departments of government. There is no limitation to number of ministers.
A-G: Everybody knows that Cabinet consists of the Prime Minister and the number of ministers is determined by the PM. Has any Constitution set a limitation before? In 2006, we had 36 ministers. Suddenly now it has become a problem.
CCF: 1997 Constitution was abrogated in 2006.
A-G: It was abrogated in 2009. How can one make such a mistake?
CCF: 2013 Fiji Government Constitution
A-G: If the booklet is going to be objective, why does it say Fiji Government Constitution?
CCF: Preamble does not recognise history of Constitution making and remains silent on history that led to the 2013 Constitution.
A-G: You will find numerous references to different opinions in this booklet. It is not a factual booklet. It does not tell you in plain language what is exactly in Constitution.
This is a total disregard to our history. When you talk about history it depends who is writing it. The 1970 Constitution missed out on various aspects of Fijian history so did the 1990 Constitution. Some say the 1990 Constitution distorted history.
CCF: Protection of Bill of Rights is weak because parliament has powers to limit or restrict freedom
A-G: Any lawyer would tell you the test of necessity is similar as was applied in 1997 Constitution. Limitation of rights can be challenged in court.
CCF: PM and A-G have control over the Judicial Services Commission
A-G: They don’t. The commission is an independent five-member commission.
CCF: People who have been given immunity have unqualified immunity.
A-G: That’s not true. If you commit a crime like rape you are not covered. The Constitution has clear provisions.
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