Can The Presidents Power be Questioned

Can The Presidents Power be Questioned

By fijivillage.com
Thursday 06/03/2008
Does the High Court have the powers to determine whether the President was right or wrong in appointing the interim cabinet?

This is the main legal argument of the counsel for Commodore Bainimarama and others, QC Gerard McCoy.

While making his opening submission in the case to determine the legality or otherwise of the event of December 5th, 2006 and the appointment of the interim government, McCoy said the vital issue of the whole case is the Justifiability of the decision making process followed by the President Ratu Josefa Iloilo in appointing the Interim Prime Minister and his cabinet.

He said the President is the state, he embodies the state and that his decision exemplifies the executive decision making of the state.

QC McCoy argues that this is the basis of their argument and once the defence proves this, everything else is deemed irrelevant.

The state lawyer said the President has executive powers to make decisions, which includes him having reserved powers. Based on this, McCoy questions whether the High Court can rule on the decisions made by the President.

Legal counsel of the ousted SDL members, QC Nye Perram replied they have to look at the doctrine of necessity, how it was used, the lead up to December 5th 2006 and January 5th 2007 when the Interim Government was appointed, adding all facts need to be looked at, not just on whether the President's powers can be questioned.

High Court Judge Justice Anthony Gates then adjourned the case to 2.15 this afternoon adding the Judges wish to direct that all counsels have a conference on the list of issues needed to be discussed.

Justice Gates said the panel of judges would like to see there has been an agreed tender of arguments and that when the case resumes this afternoon the Judges would be ready to hear evidence.

Justice Gates also added a word of caution, stating that the counsels do not enter into jurisdictions which the court does not have.

Yesterday, the lawyer for Qarase and other ousted SDL members, Nye Perram questioned the legality of the President's powers in appointing the Interim Prime Minister and his cabinet.

Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Fiji continues to be affected by COVID-19
Contact tracing continues for most parts of Suva and Nausori. Mon 19th Apr Tue 20th Apr Wed 21st Apr Thu 22nd Apr Sat 24th Apr Sun ...
12 hours ago

258,000 people lived under the Basic Needs Poverty Line according to the 2019-20 Household Income and Expenditure Survey
Survey says almost one in five school aged children in Fiji are educationally deprived
6 days ago

Debate on the Bill to Amend the iTaukei Land Trust Act
Debate on the Bill to Amend the iTaukei Land Trust ...
52 days ago
FEATURE NEWS
Opposition MPs calls rejected for Electoral Registration of Voters Amendment Bill to be referred for public consultation
The calls made by the Opposition parliamentarians have been rejected today for the government to refer the Electoral Registration of Voters Amendment ...
4 hours ago
LATEST NEWS
Rabuka assures Indian High Commissioner that the People’s Alliance is an inclusive party
Former Prime Minister and Leader of the People's Alliance Party, Sitiveni Rabuka has assured the new Indian High Commissioner that the People’s ...
1 hour ago

COVID-19 vaccination starts for 15 to 17 year olds in Fiji
Prime Minister Voreqe Bainimarama has highlighted that the Moderna vaccine is first being administered to 15 to 17-year-olds who are nearing the end ...
1 hour ago

Sayed-Khaiyum should sack the Supervisor of Elections – Nawaikula
The Interpretation Amendment Bill 2021 will be debated in parliament this Wednesday. Attorney General, Aiyaz Sayed-Khaiyum says this bill has been ...
1 hour ago

Household Income and Expenditure Survey is flawed – Dr. Reddy
Minister for Agriculture, Dr. Mahendra Reddy says the 2019-20 Household Income and Expenditure Survey is flawed because the data for two different ...
2 hours ago

The Speaker has not prevented debate on the floor of the parliament – Ratu Epeli
Speaker of Parliament, Ratu Epeli Nailatikau stresses it is important to note that the parliamentary business committee will have the final say in ...
6 hours ago

TOP