Justice Jitoko To Hear Charter Case Today
While making the injunctive orders last Friday, Justice Jitoko stated that at 10am today, he will give directions on the hearing of Laisenia Qarase and the SDL Party's Originating Summons.
In their Originating Summons, Qarase and the SDL are asking the High Court to make declarations that President Ratu Josefa Iloilo, interim Prime Minister Commodore Bainimarama and interim Attorney General Aiyaz Sayed-Khaiyum individually and collectively do not have the power nor lawful authority to amend, alter, repeal or abrogate the constitution and/or to do anything or make recommendations, including and affecting changes to the electoral system that are contrary or inconsistent with the current provisions of the constitution.
They also want the court to declare that President Iloilo, Commodore Bainimarama and Sayed-Khaiyum do not have the power and lawful authority to appropriate any public fund other than for the day to day running of the government.
They want declarations that the interim government cannot appropriate any funds to the NCBBF and stop all payments to the council and also stop all public meetings and awareness programs to promote the Peoples Charter.
Justice Jitoko will make his directions today and court sources have confirmed that he will go ahead with his ruling.
Meanwhile, SDL Lawyer Niko Nawaikula said they will raise in court that they were not informed about the stay order application on Friday afternoon.
The stay order was granted by Justice John Byrne on the High Court ruling delivered by Justice Filimoni Jitoko early Friday to stop all People's Charter work until he makes a final ruling in the Charter case taken up by the SDL.
Meanwhile, Single Judge of the Appeals Court Justice John Byrne will deliver his ruling on Thursday to explain the grounds and reasons why he issued a stay order.
Court officials have confirmed to Fijivillage that Judge Byrnes had asked them to notify the media to be present when he gives his reasons as the stay has generated a lot of attention.
We have also been told that Justice Jitoko took half day leave last Friday and was not in his chambers when the stay order application was made by the interim government.
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