The High Court has today ruled in favour of the President, Ratu Josefa Iloilo, saying Ratu Josefa had to take swift and decisive action after the events of December 5th 2006, and the main issue which came into play was the prerogative powers of the Head of State.
Based on this, Acting Chief Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik have ruled that the President used his reserved powers to ratify the actions of Commodore Frank Bainimarama and others on December 5th, 2006 which included the dismissal of the Qarase led government, the dissolution of parliament and the appointment of Doctor Jone Senilagakali as Caretaker Prime Minister.
They have also ruled that it was necessary for the President to take these actions and appoint the interim government to move the country forward for the good of all the people of Fiji.
The court said the decision of the President Iloilo to ratify the dismissal of the former Prime Minister, Laisenia Qarase and his ministers and to appoint Doctor Jona Senilagakali as Caretaker PM to advise the dissolution of parliament and the dissolution of the parliament itself were valid and lawful acts.
The Acting Chief Justice said the judges have also ruled that the granting of immunity by promulgation to the members of the RFMF and others, was similarly within the powers of the President in the emergency and such granting is upheld as valid and lawful.
While delivering the ruling for almost three hours on behalf of Acting Chief Justice, Anthony Gates, Justice Davendra Pathik and Justice John Byrne, Justice Gates said the High Court judges have ruled that President Iloilo's decision from January 4th 2007 to rule directly pending the holding of a fresh, fair and accurate elections is upheld as valid and lawful.
The judges have further ruled that the President's decision to promulgate legislations in the interest of peace, order and good governance in the intervening period prior to a new parliament is valid and lawful.
He said the promulgations will remain lawful until the next parliament sits and decide on whether to ratify all these promulgations.
While delivering the ruling, Acting Chief Justice Gates also highlighted the statement made by President Ratu Josefa Iloilo on 4th January, 2007.
He said all the situations leading to the events of December 5th 2006 and the events which followed should be taken into account on why the President made those decisions through his prerogative powers.
The High Court has dismissed the originating summons of the Ousted Prime Minister Laisenia Qarase and others against Commodore Frank Bainimarama and others.
Acting Chief Justice Gates said the decisions made by the President were necessary and he had to make the decisions swiftly. Although he said the court cannot assess whether the President could have acted in another way however he said it was clear that President Iloilo acted for the good of all the people of Fiji, as the action was taken after a long tunnel of civil strife.
Justice Gates said the President had to take direct rule and he also had to take action after the military intervention and he had to take decisive and swift action to ratify the actions from December 5th 2006 to January 4th, 2007 to move the nation forward under his rule to be assisted by an interim government.
He said the court finds that exceptional circumstances existed not provided for by the constitution and that the stability of the state was endangered. They also found that no other course of action was reasonably available and that such action was taken by the President was reasonably necessary in the interest of peace, order and good government following the events of December 2006.
The High Court ruling also states that the President appointed the interim government to assist him through his direct rule until the next elections.
Acting Chief Justice Gates also shed some light on the court's interpretation of Commodore Bainimarama's appointment as Interim Prime Minister.
The judges also noted the completion of a census as a necessary preliminary to the holding of accurate and fair elections. They say they have taken notice of the significant demographic changes brought to light from the census, which are likely to affect a permanent and growing dominance of the parliament by the indigenous.
However the judges say they do not find it appropriate to issue directions as to a definite timetable for the holding of elections. Acting Chief Justice Gates said there is no doubt that the President will have uppermost in his mind the twin imperatives of the sanctity of fair elections on the one hand and the need for urgent return democratic rule on the other.
President Had to Take Swift, Decisive Action
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