The Legal Way

The Legal Way

http://www.fijitimes.com/story.aspx?item=leader

SUVA (FT Online/Pacific Media Watch) - It becomes ever more important that the courts decide once and for all and quickly too the legality of the 5 December 2006 military takeover [in Fiji].

Before we step forward any further on this road back to normalcy, all subsequent events and decisions made by the military regime are going to depend on that ruling.

For example, the declaration of a state of emergency decree, dissolution of Parliament by a military-appointed Prime Minister plus the sacking of top executives from the civil service and statutory organisations, and the appointment of an interim administration were carried out on the assumption that the December 5 military takeover was legal and constitutional.

Yesterday, an acting Chief Justice was appointed by the President while the legally appointed one had been sent on leave by the military regime.

The Constitution states that the President, on the advice of the Prime Minister, appoints a Chief Justice following consultation with the Opposition Leader. While lawyers and political commentators on both sides have shared their views publicly on the legality aspect, only the courts can effectively put our minds to rest by clarifying whether the path we are taking as a nation has the support of the constitution.

The concern which has been rightly raised from many quarters is that we do not want to go too far down the road, only to be told that we have taken the wrong road and we should all return to the starting point.

That, of course, will be very messy and will take ages to put right, especially all the decisions made while everyone was following the wrong track.

The footsteps have to be retraced to the starting point before a fresh journey is begun.

But, of course, if the courts decide we are on the right track, or just a little on the wrong track but are able to take a cross-cut to the right track without having to go back to the start, well and good. It will make our progress back to normalcy much smoother and easier.

The current situation is puzzling because it does not point a clear way forward as far as the constitutionality of what we are doing is concerned.

It makes people, including investors, reluctant to make firm decisions today for fear that they be nullified some time in future.
Of course everyone wants the nation to move forward and the best way to fast track this is to have the courts rule on what everyone is arguing about today.

Once that hurdle is overcome, we then can sure-footedly move forward with confidence, knowing that the path is clear and is the right one.

Ends

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