President has reserved powers: FHRC

The President has reserved or prerogative powers to act in the best interest of the nation and he has these powers at all times and can exercise them when necessary, not only during emergencies.

That is the view of the Fiji Human Rights Commission (FHRC) as its Chairperson Dr Shaista Shameem made her submission in the Fiji Court of Appeal Case of Qarase vs Bainimarama.

The Commission which is acting as an amicus or friend of the court also pointed out that this case in relation to Qarase and Bainimarama is different from the Chandrika Prasad case of 2000, as the Prasad case was only taken to court to restore the 1997 constitution.

Dr Shameem said the Prasad case does not have a similarity with the case in relation to the events of 2000 because in 2000, George Speight and the Army Commander both purportedly abrogated the constitution.

She said the Court of Appeal needs to take into account that in the current case, the constitution has not been abrogated.

Dr Shameem said the issue here is whether the President has the powers to dismiss the Prime Minister and appoint a new one.

She also said that the President has reserved powers and it is not just honorary power but it is there for him to exercise the powers where necessary.

It was highlighted that the functions of the President are covered under sections 85, 86 and 87 of the constitution.

Section 85 states that the executive authority of the state is vested in the President.

Section 86 said that the President is the Head of State and symbolizes the unity of the state while section 87 states that the President is the Commander-in-Chief of the military forces.

Dr Shameem then turned to Section 104, which states that the Prime Minister must keep the President generally informed about issues relating to the governance of Fiji.

She then said it has to be taken into account what was happening during December 2006 and then brought up the issue of the unexplained presence of Australian warships in Fiji waters.

Appeals Court Judge Justice Francis Douglas then asked Dr Shameem and I quote "what that's got to do with it" end of quote.

Another judge hearing the case, Justice Ian Lloyd said that if there was an attack on Suva Harbour or the ships were in Fiji waters, then the President would definitely have seen it from his window.

Dr Shameem maintained that it is an issue that needs to be considered when and if the President was not being informed by the Prime Minister as stated in the constitution.

The case continues today.