No Powers Under The Constitution-Perram

There are only two sections in the 1997 constitution which deals with the appointment and dismissal of the prime minister.

The lawyer for ousted Prime Minister Laisenia Qarase, QC Nye Perram, said there is no other way under the constitution to appoint a prime minister, and this is the reason why the High Court should determine whether the president had the constitutional powers to appoint Commodore Frank Bainimarama as prime minister.

Perram said the two sections in relation to the appointment and dismissal of the prime minister in the constitution are:

Section 98, which states "The President, acting in his or her own judgment, appoints as Prime Minister the member of the House of Representatives who, in the President's opinion, can form a government that has the confidence of the House of Representatives".

And Section 109 which states "The President may NOT dismiss a Prime Minister unless the government fails to get or loses the confidence of the House of Representatives and the Prime Minister does not resign or get a dissolution of the parliament."

It further states that "If the President dismisses a Prime Minister, the President may, acting in his or her own judgment, appoint a person as a Caretaker Prime Minister to advise a dissolution of parliament".

Perram highlights that the role of the Caretaker PM is to advise the dissolution of parliament.

Qarase's lawyer also stresses that there are no powers under the Constitution which allows the Commander to carry out a coup, appoint himself as President of Fiji and appoint a caretaker Prime Minister and there are no powers vested upon the President to appoint a Prime Minister from outside parliament.

Perram, while agreeing that there are necessary circumstances which may allow the President to act outside the constitution, however the Doctrine of Necessity under which such actions have been taken can be scrutinized by the court.

He stressed that they do not seek to review the decisions of the President but to determine if such powers exist based on the fact that the rule of law concept should be followed at all times in relation to any section of the constitution.

The case continues before High Court judges, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik.

The amacus or friend of the Court, Fiji Human Rights Chairman Dr Shaista Shameem is expected to hand in her submissions on the court case this afternoon.