People’s Charter Work Stopped By High Court
Five orders have been granted by Justice Jitoko, in the case filed by Former Prime Minister Laisenia Qarase and the SDL Party against President Ratu Josefa Iloilo, interim Prime Minister Commodore Frank Bainimarama, interim Attorney General, Aiyaz Sayed-Khaiyum, Co Chair of the NCBBF Archbishop Petero Mataca and the NCBBF's John Samy.
Justice Jitoko had made five orders which include that the interim government of itself or by and through the defendants, Ratu Josefa Iloilo and others, their agents and/or their representatives, restrain from promulgating any law, decree order, or doing or recommending anything whatsoever to alter or amend the 1997 Constitution of Fiji or do anything whatsoever, including changes to the electoral system, that are contrary or inconsistent with the current provision of the Constitution until the final determination of this matter.
Justice Jitoko had also ordered that the interim government and through the defendants, their agents and representatives, restrain from distributing articles, leaflets, forms, and through announcements, advertisements and publication on radio, television, newspapers and any form of media for the purpose of securing public support for the changes to the 1997 Constitution and/or supporting and promoting the People's Charter until the final determination of the case.
The High Court had also ordered that the interim government of itself or by and through the defendants, their agents and/or their representatives restrain from covering public meetings and gatherings in any part of the country or by any form of meeting whatsoever to promote and obtain support for the amendment of the constitution and the People's Charter generally until the final determination is made by the court in this case.
Justice Jitoko had also ordered that the interim government and the NCBBF restrain from engaging and utilizing civil servants and government machinery including vehicles, personnel, buildings, office equipment etc to promote and obtain support for the amendments of the 1997 Constitution and the People's Charter generally until the final determination of the court action.
The High Court had also ordered the interim government that they should restrain from appropriating and paying any public funds to the National Council for Building a Better Fiji (NCBBF), its agents and/or representatives until the final determination of the courts. Justice Jitoko has adjourned the case to 10am next Tuesday for his directions on the hearing of Qarase and SDL's Originating Summons.
Interim Attorney General Aiyaz Sayed-Khaiyum said they respect the court ruling and will follow the process.
When Fijivillage asked Sayed-Khaiyum on whether NCBBF will stop using civil servants, stop salary payments or any other payments and stop using all government offices, vehicles and other equipment from today, he said everything which is stated in the court order will be followed.
Sayed-Khaiyum also points out that this ruling shows that the judiciary in Fiji is independent.
NCBBF's John Samy referred all queries to Sayed-Khaiyum.
Meanwhile, former Prime Minister Laisenia Qarase at a press conference this afternoon said the High Court ruling has given them renewed confidence in the judiciary.
Qarase added the High Court decision represents a significant step forward in the restoration of democracy in Fiji.
The former Opposition Leader Mick Beddoes said this is a good and fair decision.
The National Federation Party's General Secretary Pramod Rae said this decision brings great relief adding that the interim government only had the People's Charter to promote and with it gone, it should step aside gracefully.
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