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Fiji’s Court of Appeal has declared that the removal of Laisenia Qarase and his ministers from government in a military takeover in December 2006 was unlawful, and has ruled it lawful for the President to appoint a caretaker Prime Minister to issue a writs for general elections.
However, it has ruled against the argument by Qarase’s lawyers that he be reinstated and that he advise the President to dissolve Parliament and call fresh elections, given the length of time since Qarase’s removal.
Instead, the three judges have ruled that the President appoint an independent person as caretaker Prime Minister, who would then advise President to dissolve parliament and make way for elections.
The court has made the decision on the basis that if the President’s powers of prerogative did exist after Fiji became independent, they did not exist after the 1997 Constitution came into effect.
The issue of the President’s powers of prerogative, through which the interim administration was appointed, has been the crux of the appeal brought by Qarase against a High Court ruling last year that validated the President’s actions and his appointment of the interim government.
The court has granted Solicitor-General Christopher Pryde leave to appeal the judgment.
After the court handed down the decision, Pryde asked that a stay be granted on the decision, given the seriousness of the case.
However, the judges ruled it was not an appropriate case to grant a stay.
