Don’t Use Reserved Powers-Walker

President, Ratu Josefa Iloilo should not use the reserved powers to remove a government elected by the people of Fiji.

This is one of the submissions by the SDL's senior legal counsel, Brad Walker to the Fiji Court of Appeal judges, Justice Randell Powell, Justice Ian Lloyd and Justice Francis Douglas.

The appeal case proper begins today where Former Prime Minister, Laisenia Qarase is challenging the High Court decision of October last year where the court ruled in favour of the President that he used his reserved powers and declared that the interim government and its promulgations are legal.

Qarase's lawyer, Walker told the court that his client wants the Appeals Court to rule whether the actions taken by the President in exercising the reserved powers, is valid or not.

He said under the constitution if the President exercises those powers, it should be based on the advice of the Prime Minister or the Minister before exercising those powers.

Walker said the court cannot modify the constitution in any aspect and only the role of the court is to interpret and make a decision which is lawful.

The appeal case continues this hour.