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'We misread law and I was not properly advised' admits RABUKA as he defends Gazetting of Pay Rise and Allowances Report prepared by Lynda Tabuya and TEAM. When was last time Rabuka was advised of right law?

31/5/2024

 
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*So far, Sitiiveni Rabuka has demonstrated no leadership in the footsteps of the late Ratu Sir Lala Sukuna, and his so-called educated i-Taukei lawyers seem to lack basic grasp of parliamentary laws.
*As former Speaker of Parliament and Lawyer, Ratu Sukuna must be turning in his grave. Rabuka's lawyers are Truly an A**e (Ass) in Fiji.
*Most shocking is the i-Taukeinization of the Fiji Judiciary, stuffed by his 1987 sympathizers and the late Laisenia Qarase's legal cronies.

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Fijileaks: The 2013 Constitution of Fiji stipulates that the remuneration of Ministers, MPs, the President, Speaker etc is to be prescribed by a written law. Written law is defined as an Act or Subordinate Legislation.
*In 2014 Parliament passed the Parliamentary Remunerations Act 2014. It says that the remuneration of those individuals is to be determined by resolution of Parliament that will form part of the schedule to the Act.
*It further states that the determination must express an expiry date but does not expire on the date unless it has been replaced by a new determination. Remuneration was last set by resolution 2016.
*The wording of that resolution made clear that Parliament was adopting the Committee's recommendations as a determination.
*Lynda Tabuya's motion referred to the section of the Act and two superfluous sections. It concluded with the word determination but did not make clear what was happening.
*That was why Sitiveni Rabuka and others in Parliament had made incorrect statements that the resolution was NOT effective until the Act was amended.
*It seems that they went through the motions with no one explaining what the legal requirements were and what was happening.
*We must be reminded that the resolution is effective once passed.
*The Speaker's Gazette notice is only to give the public notice.
*Now, Sitiveni Rabuka is blaming BAD LEGAL ADVICE to him
*Will he SACK the lawyers - the Attorney-General and Solicitor-General, especially lawyer Lynda Tabuya, Chair of pay hike and allowance Report?

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Prime Minister Sitiveni Rabuka revealed that he was wrongly advised regarding the approval of the Parliament’s Emolument Committee report, which proposes adjustments to members of Parliament’s salary and benefits.

It comes after the report proposals has been gazetted, and is now binding on the Executive arm of Government to implement.

He says they mis-read the law, and were not properly advised.

Earlier this week, Prime Minister Rabuka told Fiji One News that the increase in pay and allowance for members of Parliament and Cabinet has not yet come into effect.

However, overnight, the Secretary General to Parliament gazetted the ‘determination’ by Parliament, as required by the 2014 Act.

This means, that the decision to approve the report proposals in Parliament makes the proposal lawful and will come into effect from the 1st August to the 31st December 2024.

“And that is the effect; the acceptance of the report by Parliament makes that law. So that is going to be published, and we will have to act in accordance with that. That is an executive decision of the Parliament,” Rabuka said.

The decision has prompted mixed reactions from the public.

When questioned if government is lying to the people, Rabuka says otherwise.

“Its not a lie. We mis-read the law. We were not properly advised”, he said.

The Gazette also includes a determination to amend the allowances and benefits payable under the Parliament remunerations act 2014.

“What has happened has happened. If they want to blame us, they should blame us. We cannot go back”, Rabuka said.

Rabuka says, to accommodate these changes, there will be an adjustment in the coming national budget.

“There will be adjustment in the budget to accommodate that, and there has to be some adjustment to other areas which we feel are of priority as far as the country is moving forward”, he said.

Meanwhile, Rabuka confirmed that he and two other Cabinet members, which he refused to reveal, will not be having a pay increase.


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