Prove that your rights will be violated-Judge

FNPF pensioner, David Burness has to prove to the High Court that his application in relation to the review of the FNPF Act will clearly violate his human right when the pension is reduced.

High Court Judge, Justice Pradeep Hettiarachchi said Burness must show that he is pursuing purely a human right application, which further warrants additional material from Burness as well as from the respondents to determine the correct nature of the application.

The judge has given Burness 21 days to rectify various procedural errors in relation to his application against the FNPF, the Attorney General and the Republic Of Fiji.

The time was given after the Judge struck out Burness' application for an injunction late yesterday.

Justice Hettiarachchi said given that the matter is of national importance, he is of the view that Burness should be granted an opportunity to rectify his procedural and technical errors in the pleadings.

The judge said Burness is relying on a statement made by the FNPF CEO on the proposed pension reduction.

The presiding judge said it must be noted that Burness mainly relies on a mere speculation rather than credible and reliable information.

He said his injunction application in any event would fail.

The judge further stated that the court has to satisfy that David Burness claim in fact is a claim for redress in human rights violation.

He said under section 38 (5) of the Human Rights Decree any person can apply to the High Court for redress for the contravention of his or her human rights.

However this right is subjected to the proviso which reads as: “Provided however that no proceeding shall be taken to the High Court which seeks to question or challenge the legality or validity of the Constitution Revocation Decree 2009 or such other decrees made or as may be made by the President.”

He also said under the Administration of Justice Decree, Burness cannot even make a judicial review application if he intends to challenge the validity or legality of a decree.

For the full report and the court ruling you can click link on the top right.

Story by: Vijay Narayan