The Fijian Government rejects the claim by the Chairman of the Constitutional Commission, Professor Yash Ghai, that the Prime Minister’s criticism of the appointment of Ratu Joni Madraiwiwi was ‘unfair’.
In a statement, the Prime Minister repeated his insistence that Ratu Joni’s appointment as a consultant to the Commission was in breach of the decree that established its terms of reference.
Commodore Bainimarama said Professor Ghai knows that the decree stipulates that any staff or consultants engaged by the Commission must abide by its non-negotiable principles and be impartial.
He added those non-negotiable principles include a secular state, which Ratu Joni opposed when he lent his name to a submission calling for a Christian state.
However, Professor Ghai said Ratu Joni’s views about Fiji as a secular, multicultural and tolerant society are a matter of public record, but he also respected what the people of Bau wanted.
Ghai said that Commodore Bainimarama’s attack on Ratu Joni for the consultancy with the Constitution Commission is unfair.
According to Ghai the decree wisely provides for the commission to seek the assistance of experts on specialised issues.
Ghai added in the case of Ratu Joni not only is he known for his wide knowledge and experience of the law, but also of social and political affairs, and has a deep understanding of traditional cultures in his role as a traditional leader.
According to Professor Ghai Ratu Joni had also made it clear that he was intending to make his own submission and asked the Commission if this would create a conflict.
The commission considered and concluded that there would be no conflict.
The Prime Minister noted Professor Ghai’s statement that Ratu Joni was not paid his consultancy fee on the day he was party to the submission on a Christian state.
According to Commodore Bainimarama this is neither here nor there as far as the Government is concerned.
It also demonstrates that there is no transparency in the appointment of consultants by the Commission.
The fact is that Ratu Joni was engaged as a consultant on October the 1st.
The Prime Minister said Ratu Joni was party to a submission against one of the non-negotiable provisions on October 12th and continued as a consultant until the end of the month.
This breached the terms of the decree and there is no other way to portray it.
However, Professor Ghai further explains that the contractual arrangements for the consultancy do not provide for an automatic payment for 30 days.
This is the maximum period, and payments were made only for the days Ratu Joni worked for the Commission.
Ghai further added that on the day of the public hearing Ratu Joni neither claimed nor was paid for the day.
Story by: Ronal Deo
[Source: MINFO Release]
