Friday, April 13, 2007

GCC Suspension - Wheres the Law Society?


Bai's decision to suspend further meetings of the GCC may be his most stupid one yet.

It begs the question who the hell is advising him?
Could it be that the advice is coming from the two NZ expat lawyers consulting the interim AG? Why are they here?

Why hasn't the Fiji Law Society done anything about this.

Bai's decision to suspend the GCC because it did not endorse his, ahh sorry the President's nomination for VP is wrong, morally and legally.

Furthermore, his announcement that the President will now go ahead and appoint the VP without GCC endorsement is contrary to the provisions of section 92(1) of the Contitution.
Section 92(1) states:-
92(1) If the office of 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.
Clearly, if a VP is chosen without GCC endorsement, it will be a breach of section 92(1). I don't have to be a lawyer to see this.

Who then is going to take Bai to task.

I always thought that the FLS was our last hope - the guradians of the law in Fiji.

Didn't their member take an oath to uphold the law (and isn't the Constitution the highest form of law in Fiji)?

The actions (or rather inaction) of the FLS in these difficult and trying times will define the way society views lawyers for many years to come. Moreover, it will define how lawyers will view themselves.

If they do nothing, the FLS and its members will be regarded for all time as the ones who dropped the ball and let the legal system breakdown.

The Courts cannot initiate the challenges.
It is up to the members of the legal fraternity to do this.
The people of Fiji are relying on you lawyers.

It is time for lawyers to stop taking from society and perform their civic duty.

Certain members of the legal fraternity like Tupou Draunidalo, Richard Naidu and Tevita Fa are doing their bit and giving us hope that this illegal regime will be held accountable for their unlawful actions.
They may not all be SDL supporters, but they are all true guardians of the law.

I remember a time when the FLS was very vocal and even prepared to go to Court to challenge some of the SDL's more contraversial legislative initiatives.

But now, their silence is deafening.

Bai is ripping the Constitution to shreds and turing Fiji into his own personal dictatorship and the FLS is sitting there and doing nothing.

Please Mr Devanesh Sharma:-

(1) write to your NZ counterpart and enquire why they have two members assisting an illegal regime here in Fiji;

(2) take out an action to challenge the legality of the takeover;

(3) offer to sue the interim regime on behalf of the GCC.

Do something. Do anything.

Just don't sit there in silence and hope no one will notice.