No Decree can be questioned in Court

President, Ratu Josefa Iloilo has signed off a number of decrees over the past few days since the abrogation of the constitution, and it has been clearly stated that none of the decrees can be questioned or challenged in any of the Fiji courts.

The first one is in relation to the abrogation of the 1997 constitution and its stated that in exercise of the powers vested in Ratu Josefa as the President and Commander in Chief of the Military, he decrees that all the decrees promulgated under his hand and seal shall be regarded as law and shall be observed and enforced.

Another promulgation is the Executive Authority of Fiji Decree. This promulgation deals with Ratu Josefa Iloilo appointing himself as the President of the Republic of the Fiji Islands. The President shall be the Head of State and Commander in Chief of the Military and Head of any government appointed under this decree.

This decree also states that until such time as a parliament is elected in accordance with a constitution yet to be adopted, the President shall have powers to appoint a Prime Minister by decree, to appoint other ministers on the advice of the Prime Minister, to make laws for the peace, order and good government of Fiji by decree acting in accordance with the advice of the PM and cabinet, and to exercise the executive authority of Fiji which is vested in the President.

This decree signed off by the President also states that no question as to the validity of this decree or any other decree shall be entertained by any court of law in Fiji. 

It further states that "constitution yet to be adopted" means the full written constitution to be drawn up to replace the 1997 constitution, to be adopted by the people of Fiji in such manner
as the Government of Fiji may in the future determine.

This decree signed off by the President also states that no question as to the validity of this decree or any other decree shall be entertained by any court of law in Fiji. 

President Iloilo has also promulgated the Fiji Existing Laws Decree, which is in force immediately before the 10th of this month, shall continue in force. Existing laws means all written laws other than the 1997 constitution in force immediately before the 10th of this month.

For the administration of government revenue and expenditure, President has also decreed the Revenue and Expenditure Decree 2009.