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PAGE ONE :: WORLD NEWS :: INDUSTRY

Military-backed government likely to lose legal battle

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by FREEMAN WASHINGTON

SUVA, Fiji (24 Feb 2001) -- The Fiji Court of Appeal has dismissed an appeal by the army-installed government to overturn an earlier High Court decision that it is illegal.

In the ruling Fiji Court of Appeal president Sir Maurice Casey made the following declarations:

  • The 1997 Constitution remains the supreme law of the land and has not been abrogated
  • The last Parliament was not dissolved but was prorogued for six months.
  • The office of the President became vacant with the resignation of Ratu Sir Kamisese Mara on December 15, 2000. Section 88 of the 1997 Constitution allows for the Vice-President (Ratu Josefa Iloilo) to act in the position until March 15, 2001 unless a new President if appointed under Section 90 of the Constitution.
  • The interim government's appeal is dismissed with costs of around $50,000 and accommodation and other expenses to be paid by the government.

 

Military-installed government

The decision opens the way for the return of Fiji's democratically elected government and upholds the 1997 multi-ethnic constitution that guarantees equal rights for all Fiji citizens.

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