Fiji Court of Appeal Judge Justice John Byrne today said there is nothing unlawful in any government, even an interim one, canvassing opinion on the sorts of issues that might be contained in a future Peoples charter.

Justice Byrne today presented his reasons to the Court why he granted a stay on the decision by High Court Judge Justice Filimoni Jitoko to stop the people charter work.

Justice Byrnes said that declarations sought by former Prime Minister Laisenia Qarase are sheer speculation as to how any changes to the Constitution might be enacted at some future time.

He added that he cannot agree with the conclusion of Justice Filimoni Jitoko that the two declarations sought by Qarase raised serious questions.

Qarase had sought two declarations in which they said that interim government does not have power nor lawful authority to amend alter, repeal or abrogate the 1997 constitution of Fiji.

The second declaration that Qarase sought was that the interim government does not have the power nor authority to appropriate any public fund other than for the day to day running of the government and that the appropriation of funds for the establishment, promotion of the Peoples Charter.

To these declarations Justice Byrne said he cannot agree with the conclusion of Justice Jitoko that these two declarations raised serious questions to be tried.

He added that there was insufficient evidence to form a basis for the serious fear that the Constitution would be abrogated or amended in any way.

He then further said that Justice Jitoko erred in law in holding that there was a serious issue to be tried and that the balance of convenience weighed in favour of the respondents and that Justice Jitoko erred in law in finding that the actions of the appellants appeared to be in preparation for and in contemplation of an illegal act.

Justice Byrne then told the Court why he granted a stay on the decision by Justice Filimoni Jitoko. It was suggested that he was wrong in hearing the application and that he could have waited until the following week, but he was satisfied it could not because People's Charter teams were out in the field. He says this criticism is baseless for it ignores the practice governing such applications provided in the High Court Rules and the Court of Appeals Act.

He told the Court that when the representatives of the AG's Office went to the Civil Registry Office of the High Court last Friday, they spoke to a court official of the High Court who told them that Justice Jitoko had gone home and would not be back for the day.

They then went to the Acting Chief Justice's Office who informed them that the parties would have to wait till the following Monday because Justice Jitoko was the only Judge who could hear the application.

Justice Byrnes then told the Court that he received a call at 4pm, and he was asked to hear the application which he did.


Justice Byrnes has called parties for a call over on the January 13th next year.

Meanwhile, Qarase's lawyer Niko Nawaikula, outside court confirmed they will lodge an appeal on the stay.