Yesterday, the GCC rejected the nomination by the President of a new Vice President.
The President had nominated current interim Foreign Minister, Rt Epeli Nailatikau.
The relevant law which governs the nomination/appointment of a new Vice President is section 92(1) of the 1998 Fiji Constitution.
That section provides:-
92(1) If the Office of the Vice President becomes vacant, the President nominates for Vice President another person who is eligible to become Vice President and that person becomes Vice President if the nomination is supported by the Bose Levu Vakaturaga.
It is clear a Vice President cannot be appointed without the endorsement or support of the BLV.
What is not clear is why the BLV rejected the nomination.
There are strong indications that the Chiefs of Kubuna and Burebasaga felt strongly that Rt Epeli was not an "eligible" candidate.
It is said that Rt Epeli was considered ineligible because he had accepted a position in the "illegal interim regime".
He was also considered ineligible because it is widely known amongst the Chiefs (and common people alike) that, despite his denials, Rt Epeli Nailatikau together with Rt Epeli Ganilau, Adi Koila Mara and a few other self-serving leaders, were behind the December 5 Coup which ousted the democratically elected SDL government only a few short months after its landslide victory at the polls.
A victory made possible by overwhelming support (approximately 95%) of indigenous Fijians.
It is also common knowledge that the military and Rt Epeli Ganilau are behind the President's nomination.
Yesterday's rejection by the Chiefs of Kubuna and Burebasaga is therefore an unprecedented slap in the face for the military and is by far its most humilating defeat todate.
It is also a clear indication of the shifting loyalties within the Matanitu Tovata. Perhaps if the Tui Cakau were allowed to attend the GCC meeting, the opposition to the nomination would have been unanimous.
I have no doubt that the Chiefs of Kubuna and Burebasaga intended no disrespect whatsoever to His Excellency The President. But, we can all be sure that the underlying message from the GCC is as clear as day.
The GCC supports the President but does not appreciate or condone the military's involvement in the President's decisions. The interim regime is illegal and its decisions are by extension also illegal. Particupation in the interim regime is strongly discouraged.
The President's Office is now out of legal options.
The two NZ consultants working for the interim AG must be racking their brains trying to find a way to push forward the nomination anyway.
Rt Epeli Ganilau has even suggested "throwing out" troublesome chiefs then having the BLV reconsider the nomination.
But the reality is the President must now make another nomination.
For the sake of our country, this time please choose wisely.
