|
DSpace at AUT University on the KAURI SERVER >
Pacific Media Watch >
Media Research Papers >
Please use this identifier to cite or link to this item:
http://hdl.handle.net/123456789/2076
|
| Title: | FIJI: Qarase v Bainimarama Appeal Court judgment |
| Other Titles: | FIJI COURT OF APPEAL No. ABU0077 OF 2008S: Qarase v Bainimarama |
| Keywords: | Fiji
coups
Fiji coups
military
democracy
Court of Appeal
Laisenia Qarase
Voreqe Bainimarama
RFMF
Fiji Human Rights Commission
FHRC |
| Issue Date: | 9-Apr-2009 |
| Publisher: | Court of Appeal, Fiji Islands |
| Abstract: | The [Fiji] Court [of Appeal] hereby:
(1) Declares that:
1. (a) the assumption of executive authority and the declaration of a State of Emergency by the First Respondent;
2. (b) the dismissal of the First Appellant from the office of Prime Minister and the appointment of Dr Jona Baravilala Senilagakali as caretaker Prime Minister;
3. (c) the advice that Parliament be dissolved by Dr Senilagakali;
120 The Judicial Services Commission is established by section 131 of the Constitution and consists of the Chief Justice, the chairperson of the Public Service Commission and the President of the Fiji Law Society
53
1. (d) the order by the First Respondent that the Parliament be dissolved;
2. (e) the appointment on 5 January 2007 of the First Respondent as Interim Prime Minister and of other persons as his Ministers by President Uluivuda;
3. (f) the purported Ratification and Validation of the Declaration and Decrees of the Fiji Military Government Decree of 16 January 2007, subsequently renamed as a Promulgation of the Interim Government of the Republic of Fiji, by which decree President Uluivuda purported to validate and confirm the dismissal of the First Appellant as Prime Minister of Fiji, the appointment of Dr Senilagakali as caretaker Prime Minister and the dissolution of Parliament;
were unlawful acts under the Fiji Constitution.
1. (2) Declares that in the events that have occurred it would be lawful for the President acting pursuant to section 109(2) of the Fiji Constitution, or as a matter of necessity, to appoint a caretaker Prime Minister to advise a dissolution of the Parliament and the issuance of writs for the election of members of the House of Representatives. |
| Gov't Doc #: | CIVIL APPEAL NO. ABU0077 OF 2008S |
| URI: | http://hdl.handle.net/123456789/2076 |
| Appears in Collections: | Media Research Papers
|
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.
|
