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WILL RO KEPA BE NEXT? Naidu refuses to be treated as mere rubber stamp - resigns his membership of Constitutional Offices Commission!

15/11/2015

24 Comments

 
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For Your Diary: Fijileaks will not be updated between 15-17 November


From Fijileaks Archive: Two irrelevant members on the COC are Ro Teimumu Kepa and Suva lawyer Richard Naidu. Fijileaks calls on the two to resign from the COC!

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http://www.fijileaks.com/home/the-hughes-model-police-commissioners-forced-resignation-has-all-the-hallmarks-before-the-2006-coup-except-bainimarama-and-his-lackeys-have-stuffed-the-constitutional-office-commission-with-their-own

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RESPONSE TO THE RESIGNATION OF FORMER CONSTITUTIONAL OFFICE COMMISSION MEMBER MR RICHARD NAIDU

11/15/2015

 At its 17 April 2015 meeting, all the members of the Constitutional Offices Commission (“Commission”) unanimously agreed to the following resolution:

• “Leaves of absence and acting appointments for a period of less than 3 months are to be approved by the Chairperson and the Secretariat;

• Leaves of absence and acting appointments for a period of more than 3 months are to be approved by the Members of the Commission through Flying Minute.”

Interestingly, the former Commission Member Richard Krishnan Naidu (“Naidu”) agreed with the above-cited resolution of the Commission, under which all the members of the Commission unanimously delegated to the Chairperson the authority to make acting appointments for a period of less than 3 months.

At this same 17 April 2015 meeting, the members of the Commission also unanimously agreed that for any urgent matters that require the attention and decision of the Commission, notices and all other relevant documents will be sent to the members of the Commission by email or by fax.

Therefore, the acting appointment to the position of the Commissioner of Police was clearly made in accordance with the above-cited resolution. The appointment of Brigadier-General Sitiveni Tukaituraga Qiliho is for a period of upto 3 months. The above-cited resolution allows the Chairman to make the acting appointment. That is a discretion expressly and unanimously delegated to the Chairperson.

The fact that emails were sent by the Secretariat to all the members for their comments and decision with respect to the extension of the acting appointment of the Commander of the RFMF two weeks ago, is also fully in accordance with the unanimous above-cited resolution passed by all the members of the Commission.

The fact that comments and decision of the members were sought by the Secretariat through a flying minute by email, does not make any member of the Commission a mere rubber stamp as wrongly claimed by Naidu. All members were required to provide their input, comments and their decision. It should be noted that all members including Naidu had unanimously agreed to the above-cited resolution.

The Commission is not politicised, as wrongly claimed by Naidu. Under the Constitution, the Commission has representatives from Government as well as from the Opposition. It must also be noted that apart from the Prime Minister, the Leader of the Opposition and the Attorney-General, the other 3 members of the Commission are not politicians. This constitutional composition of the Commission effectively allows the elected representatives of the Fijian people as well as non-politicians to have an input in the appointment of Constitutional officers. This is the essence of a constitutional democracy.

Even under the 1997 Constitution, before the Commission could make any appointments, the Commission was required by the Constitution to consult respective Ministers and other entities before making any appointment. For example under section 111(2) of the 1997 Constitution, the Commissioner of Police was appointed by the Commission following consultation with the Minister.

Under the 2013 Constitution, once appointed by the President on the advice of the Commission, the independence of the Constitutional officers with respect to their powers, duties and functions is itself expressly guaranteed by the Constitution. For example, section 152(5) of the Constitution in relation to the Auditor-General states that “in the performance of his or her duties or the exercise of his or her authority and powers, the Auditor-General shall be independent and shall not be subject to the direction or control of any person or authority except by a court of law or as otherwise prescribed by a written law.”

Once a person is appointed to an independent Constitution office, he or she is completely independent as provided under Constitution.

If Naidu has chosen to resign from the Commission then that is his prerogative, notwithstanding the fact that the reasons put forward by Naidu are misplaced.

Under section 132 of the Constitution, the quorum for the meeting of the Commission is 3 out of a total of 6 members (that is, the chairperson and 2 other members). As such, Naidu’s resignation will not hinder the functions and duties of the Commission, which it shall continue to perform independently and in accordance with the Constitution.

It is up to the Leader of the Opposition, should she choose to do so, to nominate another member to replace Naidu.

In the meantime, the Commission will continue to perform its constitutional duties. The Secretariat is currently processing the vacancies of Auditor-General and Commissioner of the Fiji Corrections Service (which closed in August 2015) for a decision to be made by the Commission members on the most successful candidates. The Commission has already advertised the vacancy for the position of the Commander of RFMF and will in due course, make a decision on the most successful candidate for this position. The Commission will also be advertising the vacancy of the Commissioner of the Fiji Police Force soon.

The Commission will also at its next full meeting (which shall be called by the Chairperson and not any other individual member of the Commission) make a decision on the vacancy of a single member of the Electoral Commission following the resignation of Dr. Vijay Naidu after the announcement of the elections results last year.

Under the Constitution, the Electoral Commission is made up of a chair and 6 other members and the quorum for the meetings of the Electoral Commission is 4 members. Thus, Dr. Vijay Naidu’s resignation as a member of the Electoral Commission will not hinder the operation of the Electoral Commission with respect to its constitutional duties and functions.

The Commission has and will continue to operate on an independent basis and in accordance with the Constitution. Indeed, neither the Chairperson, the Secretariat nor another member of the Commission has at any time sought to direct any other member with respect to any matter before the Commission. All members are at full liberty to express their views and vote as they deem fit in all the meetings, correspondences, minutes and deliberations of the Commission.

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A TALE OF TWO NAIDUS: While Fijileaks salutes Richard Naidu for publicly announcing his departure from the Constitutional Offices Commission, the same can't be said of another Naidu - Professor Vijay Naidu, who joined the Election Commission as Commissioner with a BANG and quietly disappeared without a WHISPER; when his departure was found out - he came out with an interview to justify his departure!

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24 Comments
Java
15/11/2015 12:02:01 pm

It took a while for "dhobi ke kutta na ghar na ghát ke" to realise it was the mob he was serving almost wrapped him in grand lovo next to GPH the year 1987.

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Ratu Sai
15/11/2015 06:52:13 pm

That really was the only option in the circumstances but Richard should applauded for at least giving it a short. It was bound to happen given the loaded composition of the Commission and the track Baini's track record.

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Chiku
15/11/2015 07:34:39 pm

Richard Naidu has been a solid voice for democracy and the rule of law in Fiji from the time of the first military coup of 1987 when he was impromptu appointed deposed PM Dr Timoci Bavadra's spokesman. He has remained steadfast in his commitment and has been persecuted for it. He wants what's best for Fiji and its people. He joined the COC in good faith thinking he could make a positive contribution. Many other good men have been taken in that way. But they realise the regime in power has no goodwill, no genuine commitment to democratic norms of governance. Theirs is just a huge pretence. A masquerade. Self respecting people can't in clear conscience be a party to that. I salute Richard Naidu for doing the right thing and resigning.

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Vinaka Leaks!
15/11/2015 07:59:30 pm

Vinaka Fijileaks, we notice that you have been setting Fiji's Political agenda for some time now .Congratulations. Let the Fiji media sleeep!

Madam Kepa has no choice than follow suit and do the Honourable thing and resign from this Farce of the Fraud Constitution.

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rajend Naidu
15/11/2015 08:59:31 pm

Editor,
THE COMPANY WE KEEP.
Here is a letter that throws light on the farcical and hypocritical conduct of State officials when it comes to keeping company with certain people.
Dr William Maley's letter 'Selective morality rules when it comes to international visitors ' ct 15/11 reads :
" Your report ' Dutton won't back down over ex- soldier visa decision' Nov12,p.7 that a decorated NZ war veteran, Ngati Kanohi Haapu, has been detained on " character " grounds for the purposes of deportation by the Australian government despite his never having been convicted of an offence raises intriguing questions about the application of the " character test " in the Migration Act 1958.
Section 501(6)(ba)(111) of the Migration Act deals with situations were the Minister reasonably suspects that an individual has nene involved in conduct constituting the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern.
One recent visitor to Australia, the former Sri Lankan Defence Secretary Gotabhaya Rajapaksa, might seem to have deserved attention from the perspective of this provision. Mr Rajapaksa has been the subject of numerous allegations relating to the commission of war crimes. He is a naturalised US citizen, and a May 2010 report from the highly respected International Crisis Group recommended that there " should be a full investigation of the immigration and citizenship records of Gotabhaya", and added that Australia among other countries " should be actively gathering and sharing information regarding specific alleged crimes and individuals that may come within the reach of their authorities."
Unfortunately, when he visited Australia in April 2014, it was as a guest of the government.
Any quick web search will produce a picture of him at the Hyatt Hotel in Canberra looking awfully chummy with Scott Morrison, Angus Campbell and sundry Australian bureaucrats who could not have been too particular about the company they were willing to keep.
No wonder Mr Haapu's Australian partner feels disgusted".
I feel disgusted that a man of this " character " can become " a naturalised US citizen" and I with no criminal background at all am not allowed to step on American soil, not even to transist enroute to Canada.
What a strange, strange world we are living in Master Jack!
Sincerely,
Rajend Naidu
Sydney

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Chiku
16/11/2015 11:19:21 pm

Actually the picture of this Sri Lankan war criminal looking chummy in the company of State officials from a democracy is not unique. If we were to put such pictures together - pictures of democratic leaders and officials rubbing shoulders with rogue characters and leaders - we would need an entire encyclopaedia !
The hypocrisy has become so common that people are no longer astounded or troubled by it.

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Thinker
15/11/2015 09:30:28 pm

The Dictator rules on. That is wat Bail was doing from 2006 to 2014. He was doing wat he wants.

Mr Richard Naidu's resignation proves that there are ppl who can stand and say NO to dictatorship.

Lets see who else have the guts.

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rajend Naidu
15/11/2015 10:44:52 pm

Editor,
We read in today's Fiji Times that in response to the resignation of Opposition nominee and prominent Fijian lawyer Richard Naidu yesterday from the COC , Attorney General and commission member Aiyaz Sayed Khaiym says " the Constitutional Offices Commission is not politicised "
( ' Lawyer resigns, A-G no politics ' FT 16/11 ).
What is not politicised in Fiji THAT is the question?
Aiyaz must think the people of Fiji are intellectually retarded to not see how politicised things have become since the governance of the country fell into his and Frank Bainimarama's hands.
Sincerely,
Rajend Naidu

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Chiku
15/11/2015 11:36:28 pm

Can an independent observer tell us whether the COC is politicised or not?
Aiyaz Sayed Khaiyum is no independent observer, every man and his dog knows that. He is a thoroughly politicised politicised politician so politicised that he saw no conflict of interest in him being Fiji First party General secretary and Election Minister at the same time and getting is relative Saneem As SOE even though he did not meet the criteria for appointment. Aiyaz is just a shameless politician with no integrity.

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Dekho
16/11/2015 01:55:40 am

Professor Vijay Naidu lets his friendship with Aiyaz Sayed Khaiyum stand in the way of the admission of the truth that everything with ASK's imprimatur on it - the new constitution, the electoral commission, the constitutional offices commission - has been phucked.
And that can only be damaging to Vijay's reputation. He must call a spade a spade.He must call Aiyaz and his cronies what they are : political scoundrels of the first order!

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Welcome Home
16/11/2015 03:50:04 am

Any person resigning of their own volition from a nominated position in Fiji needs to look after their personal security with focused attention. It would be pure folly not to. The 'Nuts and Bolts' unit will take care of them and not a trace of evidence. Now how is that for a sense of democratic well-being? Graham Davis and any journalist worth his/her salt should factor this into their daily task: Protect and Guard the safety of ALL Fijians. Open your eyes to reality and show respect.

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Jack Sparrow
16/11/2015 04:45:00 am

Dear Editor,
Thank-you for sharing both the letter from Lawyer Richard Naidu and also the response from the Government. This was a very well balanced move by Fijileaks so that readers can make a good decision.

Would it be possible for you or a team member of Fiji Leak's to share a comparison on the composition of the Constitutional Offices Commission as per the 1990, 1997 and 2013 constitution? [A humble request from me]

My main question is: Would, at the time when Qarase was PM - would the then PM have been able to get away with the same sort of Acting Appointment of the Police Commissioner or Army Commander under the then setup of the COC?

Thank-you and Vinaka.

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King Rat
16/11/2015 08:39:43 am

The AG explained that the Chairman of the COC is entitled to make an appointment for periods up to 3 months, which applied to the appointment of Qiliho as Acting COMPOL. Naidu and others agreed to this process.

Seems like Naidu is engaging in political grandstanding.

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Rustam
16/11/2015 03:39:51 pm

Richard Naidu very much like Victor Lal (and others) belongs to that rare category of People who have been consistent and unwavering in their stand and activism for Democracy.

The Chairperson of the Khaiyum's Fraud 2013 COC is entitled to make an 'appropriate' appointment, i.e., as Richard Naidu has pointed from amongst MANY senior, seasoned, experienced and deserving members of the Police Force.

Why the very Person who was being an obstruction of the Police performing their duty ? - in arresting and charging a violent, uncouth, torturer, (former Body Guard of the PM)- and a person who has given the whole of the Police Force a BAD name, globally, by featuring prominently in a viral youtube video.

Where is this Chairman's basic intellect ?

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Chiku
17/11/2015 09:07:15 am

The chairman's basic intellect has basically been conspicuous by its absence. He is not in power because of his intellectual prowess or even his charisma. He is there because of his armed robbery of the government of Fiji in 2006 and his rigged election of 2014. He is the Thug Ruler of Fiji and under his thug rule it is only logical that other thugs get appointed.Its as simple and straightforward as that.

Dina
17/11/2015 11:43:50 am

What would be the morale of the Police officers now?

Phew..!
17/11/2015 06:11:08 pm

Qiliho's appointment as Pol.Com is a reckless, stupid decision on the part of the Fraud COC's Chairperson.

Qiliho has a BAD Human Rights record to start off. Now add the fact that Qiliho is protecting the very torturer, HR abuser Policeman that the former SA Pol.Com wanted for questioning.

Like they say- this issue got a lot of tatti flying and seeping all over the place. Phew..!

Ratu Sai
16/11/2015 06:30:32 pm

The entitlement to exercise such power is done with respect to members of the Commission, conventions, and protocols in such appointments to ensure their independence. Therein lies the problem - why appoint a military officer when there are capable senior police officers?

Naidu is merely being pragmatic about things rather than political grandstanding as the Rat implies.

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Chiku
16/11/2015 08:20:19 pm

In that Fiji Times article ' Lawyer resigns, A-G no politics ' mentioned above the AG Aiyaz Sayed Khaiyum also said " Mr Naidu's resignation would not hinder the functions of the commission as under section 132 of the constitution, the quorum for the meeting of the commission is three out of a total of 6 members ( that is, the chairperson and 2 other members."
In fact the quorum of 3 is unnecessary. A quorum of two - the chairman Frank Bainimarama and his political sidekick Aiyaz Khaiyum - would be sufficient.
If the two between them can run the country where is the need for 3 in a phony commission?
Khaiyum added " the commission will continue to perform its constitutional duties ".
Of course it will - to continue to install the people the erstwhile dictator and his right hand man want so that they can get him/her to do their bidding. That has been the pattern since the unlawful takeover in 2006 and that has not changed after Fiji's " return to democracy ".

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Tyra Seduadua Tagicakibau link
16/11/2015 10:42:41 pm

Madam Kepa and Naidu is outnumbered when it comes to voting ,i believe that it was a good idea that Naidu resigns

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rajend Naidu
17/11/2015 06:47:46 pm

Editor,
We learn from Radio Free Europe Radio Liberty article ' Cartoonist Arrested ' that well- known Iranian cartoonist Hadi Heidari has been arrested (again ) in Tehran. He was previously arrested during Former President Ahmadenajan's reelection .
The reason for the arrest and charges against him are not clear.( But the people have a clear idea why these arrests are made! )
His arrest comes some 2 weeks after authorities arrested 5 journalists, including former Culture Ministry official ( who fell out of favour with the State authorities ).
Meanwhile Washington Post reporter Jason Rezaian remains in jail in Tehran following a trial earlier this year on espionage charges, dismissed by his paper and family.
The US based Committee To Protect Journalists says Iran is consistently one of the worst jailer of journalists. Iran's jails are packed with journalist who are facing spurious charges for the simple act of voicing criticism or independent views says Sheriff Mansur CPI's Middle East and North Africa program coordinator in reaction to the arrests.
I think we know from our own experience after the Bainimarama coup and the regime in Fiji what Mansur means.
There are no shortage of people in that regime who would love to throw the Fijileaks cartoonist and indeed the whole Fijileaks mob into jail !
Sincerely,
Rajend Naidu

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Maibekana link
18/11/2015 02:21:47 am

The Commission is useless anyway. Dominated by the FFP and their political nominee, they will always outnumbered the opposition in all matters.

We have a lot of political appointment nowadays.

This includes the acting commander, acting commissioner of police and sorry to say the highest office of the country is also a political appointment.

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Fiji First Party
18/11/2015 08:03:19 am

Renowned African political commentator and author Martin Meredith calls this phenomenon “the politics of patronage and patrimonialism”. Apart from the ones you’ve mentioned, Maibekana, the case of ‘killer Kean’ (FRU) , the CEO, FBC and our aunty BANO and as well as the SOE, Saneen (and others) are some of the classicist examples from our little Fiji which perfectly fits the big picture of the ‘politics of patronage’ of some of the most deplorable African dictators and despots.

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Bahuki
20/11/2015 02:09:56 am

I still applaud Richie Naidu for doing the honorable thing in a farce government led by farce leaders under a very farcical constitution that was self-made to suit the two despots.

IMO it may be wise of Ro Teimumu to follow suite, unless the "vanua" prompts her to keep going but thats just a thought since she will obviously do what she thinks is in the best interests of whoever concerns her.

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