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Ladies and Gentlemen, Good Evening. The RFMF has observed with concern and anguish the deteriorating state of our beloved Fiji. We consider that Fiji has reached a cross roads and that the Government and all those empowered to make decisions in our constitutional democracy are unable to make decisions to our people from destruction. As of today, the Military has taken over the Government/executive authority/ running of this country. I urge all citizens to remain calm and maintain the peace that currently prevails. As of now, the Military and the Police are working together to ensure that the situation remains calm and that people do not take advantage of the current situation and break the law. As a precautionary measure, the security forces will be putting up and manning checkpoints within the towns and city boundaries and near critical infrastructure. The security forces will also be conducting joint patrols and you will be seeing a lot more soldiers then the usual with policeman on patrol. Please do not be intimidated or scared, they are there to ensure that people do not break the law and hence ensure everybody’s security. I reiterate my call to those that are thinking of conducting illegal activities against the populace and or against the military or police not to do so. The security forces will be out there and will ensure the security of all the people of this nation. At the moment the two forces are in the process of setting up a Joint Operation Command Center at the Central Police Station in Suva. The telephone numbers of the JOCC will be made available to the Public once the Center is set up. All the Ministers from the last government have been given as from tomorrow one month to vacate their government quarters and return a11 government property in their possession. They will be paid a severance pay of one months pay. There is no intention on the Military to arrest these Ministers. We only ask that they live their daily lives and not interfere in the process that is now taking place RFMF over the years have been raising security concerns with the Government, in particular the introduction of controversial bills, and policies that have divided the nation now and will have very serious consequences to our future generations. These concerns have been conveyed to the Prime Minister in all fairness and sincerity with the country’s interest at heart. Apparently, all RFMF concerns were never accepted with true spirit. All my efforts to the government were to no avail. Instead, they turned their attention on the RFMF itself. Despite my advice, they tried to remove me and create dissension within the ranks of the RFMF; the institution that stood up and redirected the Nation from the path of doom that the Nation was being led to in 2000. Qarase has already conducted a ‘silent coup’ through bribery, corruption and introduction of controversial Bill. This morning the Prime Minister refused to attend an audiences with His Excellency the President in His Excellency’s attempt to resolve the impasse. This action by the Prime Minister has indicated to me and the Military that the Government has no intention of solving this crisis. The constitution allows His Excellency to sack the Prime Minister in cases such as this however, the Stalemate has forced me to step forward and the Military has taken over Government. The RFMF through out this impasse has wanted to resolve this ‘I matter constitutionally, legally and expeditiously. The RFMF could have carried out unconstitutional and illegal activities but has not done so and will not do so. It believes in the rule of law and shall adhere to the Constitution. It only adheres to the rule of law and the Constitution but more importantly believes in the adherence to the spirit of the law and the Constitution. Our position can be differentiated from the Qarase Government which for example through the passing of the Reconciliation, Qoliqoli and Land Claims will undermine the Constitution, will deprive many citizens of their rights a guaranteed under the Constitution and compromise and undermine the integrity of the Constitutional Offices including the Judiciary. The RFMF not only be1ieves in the Constitution but it also believes in and adheres to constitutionalism. As Commander of the RFMF I have been to visit the President who is the Head of the State and the Commander in Chief on a number of occasions over the past few days. The President has personally stated that he is concerned about the crisis point we have reached. We are now in limbo because the Prime Minister has refused to see him despite the President asking to him to do so. The President has the constitutional and legal option to dismiss the Prime Minister under section 109(1) of the Constitution in his own judgment should exceptional circumstances exist. These powers are some times referred to reserve powers which have been exercised in Fiji previously and other common law jurisdictions including Australia by Governor General Kerr. Kerr as you all know sacked Prime Minister Gough Whitlam. This reading of the powers of the President through this provision of the Constitution was upheld in the decision by Justice Michael Scott in the case of The Rev. Akuila Yabaki & Others and The President of the Republic of Fiji islands and the Attorney General (HBC 119 of 200 1S). This decision of Justice Scott has not been overturned and therefore is binding and valid law. Apart from the fact the Prime Minister is refusing to visit the President and the fact that we are in this national state of a limbo, the President is surrounded by some, including the Vice President who are putting undue pressure on him. Those putting pressure on him and who are going against the ruling of Justice Scott are taking advantage of the President. Accordingly given the RFMF’s assessment of the governance issues which I have just laid out, the need to resolve the current crisis, the need to invigorate the economy, the need to normalize the state of affairs, the need to maintain the Constitution, the need to maintain law and order and recognizing that the President has been prevented by some including the Vice President from exercising his constitutional prerogative to dismiss the Prime Minister in exceptional circumstances. As Commander of the RFMF I, under the legal doctrine of necessity, will step into the shoes of the President given that he has been blocked from exercising his constitutional powers. You will note that Justice Scott had also stated in The Rev. Akuila Yabaki & Others and The President of the Republic of Fiji Islands and the Attorney General (HBC 119 of 2001S) that in some unusual or extreme situations a departure from the normal requirements of the Constitution is permitted. This departure is justified under the doctrine of necessity which has also been discussed in the Chandrika Prasad and Parvez Musharraf cases. This is indeed an unusual and exceptional situation, which was not envisaged by the framers of the Constitution and which requires special steps to preserve the Constitution and maintain the integrity of the Nation-State of Fiji. We reiterate that while this course of action is undertaken with great reluctance it is necessary to steer our beloved nation into peace, stability, a just solution and to preserve our Constitution. Therefore, the Constitution will remain in place except those parts as necessitated under the doctrine of necessity. Accordingly subject to the prevailing conditions, all our constitutional offices, the judiciary and other arms of Government are to function as they normally would. I have spoken to the members of our security forces and they have given me their undertaking that they shall combine their efforts and work together to maintain peace and stability in our Fiji. Therefore, having stepped into the shoes of the President I shall now in his capacity under section 109(1) of our Constitution, as he is empowered to do so, dismiss the Prime Minister, Laisenia Qarase. Furthermore as provided for under section 109(2) of our Constitution I appoint Dr Jona Baravilala Senilagakali as the caretaker Prime Minister who will advise dissolution of Parliament. Following the dissolution of Parliament an announcement will be made regarding the formation of a caretaker or interim Government to steer Fiji. After a proper census and electoral system is in place the caretaker Government will facilitate democratic national elections as provided for under our Constitution. Given the legal, constitutional and indeed defensible basis of this necessary ac tion, all citizens of this country, including the now former Prime Minister Qarase, our neighbors and the international community, should remain calm, and support and work together for the betterment of our beloved nation and its people. Let me outline the course of events that will take place in the next few days: The takeover will not be permanent. Tomorrow, I will summon the CEO’s and charge them with the duty of running their own Ministries until an interim Government is appointed. During the GCC meeting next week, I will be requesting the GCC to reappoint the Turaga Tui Vuda as the President. His Excellency the President will then appoint a caretaker Government. In the meantime, a Military council will be providing me with advice. When the country is stable and the Electoral Rolls and other machineries of Elections have been properly reviewed and amended, elections will be held. We trust that the new government will lead us into peace and prosperity and mend the ever widening racial divide that currently besets our multicultural nation. We ask the people to corporate and bear with the inconvenience. We will work towards putting in place a government that stands for all citizens of this country. Our priorities for the time being are to ensure your security, safety and the nation’s wellbeing. We will ensure that the rights of all citizens of this country are protected. We will respect the international convention to human rights and humanitarian law. I urge the people of Fiji to continue with their normal daily lives. All those that have employment should continue to go to work. I urge all businesses to remain open. I assure you that there will be no interruptions to the government machinery as things will continue to operate as normal. We will ensure that development plans and programs at all levels continue to be implemented. I plead to the International Community to first learn and understand the situation here in Fiji before you take action. I request that you all remain calm and support the RFMF in the establishment of this process of political re-adjustment to pave the way for a new Fiji. Finally, I again plead for your understanding, patience and support. We seek Gods blessings for Fiji and its people. GOD BLESS FIJI. |
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