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Fiji’s High Court will not entertain any challenge to the abrogation of Fiji’s Constitution by Fiji President Ratu Josefa Iloilo on April 10, 2009.
The Acting Registrar of the High Court, Ana Rokomokoti has posted a notice advising members of the public that the courts will not be receiving any action against the abrogation of constitution.
The public notice posted at the entrance of the courts reads:
“Pursuant to section 5 of the Administration of Justice Decree 2009, we have been hereby directed that we are not to receive any civil action (Constitutional, Judicial Review or Miscellaneous) regarding or relating to the Constitution Amendment Act 1997 Revocation Decree 2009, Decree 1.”
The cases include those which purport:
"- to challenge the validity of legality of any Promulgations, Decrees and Declarations made between December 5, 2006 and April 9, 2009;
"- to challenge any decision of the President and the Head of State, made between December 5, 2006 and April 9, 2009;
"- to challenge any decision of a Minister made between December 5, 2006 and April 9, 2009;
"- to challenge any decision made by the Minister responsible for Immigration, the Permanent Secretary for Immigration, Director of Immigration & employees of the Immigration Department from December 5, 2006 to April 9, 2009, to remove a person from Fiji;
"- to challenge any decision of the President, or the Executive or the Government or employees of the Government to terminate any employment (whether in a public office or not) between December 5, 2006 and January 7, 2007;
"- to challenge any decision of the Judicial Services Commission made between January 7, 2007 and April 9, 2009 (including any challenge as to the composition of the JSC) on any ground whatsoever, or any decision made by a judicial officer made in administrative capacity, including the making of Rules of any Court or any directions;
"- to challenge any decision of the Executive or of the Government or of the employees of the Government made between December 5, 2006 and April 9, 2009, on the grounds of being inconsistent with or contrary to the Constitution Amendment Act 1997.
Meanwhile, in a statement earlier this week, Rokomokoti denied international media reports that certain court documents are being shredded.
She explained that: “Under the Administration of Justice Decree 2009, certain proceedings named in the Decree that had been filed in court are being discontinued and certificates stating such are being sent to all affected litigants. Those files are then withdrawn from the active file list and archived. They are not being shredded and there is absolutely no intention of destroying any court documents”.
FijiLive has sought clarification from Rokomokoti on which cases will be affected.
Suva lawyer and former MP in the deposed Laisenia Qarase Government, Niko Nawaikula, told FijiLive he had three such cases which will not be heard under the new Decree.
Fijian Teachers Association general secretary Maika Namudu said the FTA had two cases that were seeking judicial review.
