#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: UPP: investigate judiciary and curb presidential power

Wednesday, October 17, 2012

UPP: investigate judiciary and curb presidential power

12  The Judiciary
UPP leader: Mick Beddoes
12.1  With recent revelations raising the question of the lack of independence of our Judiciary from the Executive, there is a clear and present danger that the integrity of our judiciary may have been compromised and therefore we recommend that only a complete overhaul of our Judiciary and Ministry of Justice would allow the independence and integrity of our judiciary to be regained. With this in mind we make the following recommendations:-

12.1.1  We propose therefore that following the first sitting of all new parliaments from 2014 and beyond. A special Independent Judicial Inquest be established, made up of 3 prominent High Court Judges sourced from the Commonwealth Secretariat to:-

a.  Investigate the Judiciary and Ministry of Justice to ensure that all of the judgments and  related matters since December 5th 2006 were free of all interference or involvement  directly or indirectly of the Executive and any other institution including parliament, the police, the military and the President and where interference in cases is established,



b.  Recommend the prosecution of the individuals involved through due process.

12.2  We further recommend the following deterrents be incorporated into the constitution:
a.  Any members of the Judiciary, individually or collectively who collaborates with or assists the executive arm of government or President that may be established after the removal of  an elected parliament will be guilty of the offence of treason.      

b. Immediately following the unlawful removal of an elected government through any means other than a general election all members of the Judiciary are to vacate their offices and  these offices are to remain closed until such time as an elected parliament and government  has been re-established.

c. Under NO circumstances are members of the Judiciary to continue in office with the presence of an unelected government and anyone who sees fit to provide judicial services to an unelected government or the President, commits an offence against the people and will be held accountable.


20.  Emergency Powers
20.1  We recommend that Sections 187, 188 and 189  be retained and that the following additional clauses be incorporated into this section:-


1) The President can only approve laws enacted by the people’s representative in the House of  Parliament and if the elected Parliament and Executive are removed by any other means other than through a General Election, the President Powers to assent to any laws become null and void.


2) In the event of a coup or the unlawful removal of the elected government and parliament, the  President’s authority to assign any powers or make any laws by decree or by other means is negated at the time of the unlawful removal of the government.


3) The President must always remain obliged to obtain his advice and direction to act from members of parliament & executive as the ultimate authority at all times.


4) The President cannot under any circumstances unless through an elected parliament abrogate or attempt to facilitate the abrogation in any way of the constitution and shall be guilty of a capital offence against the government and the people if attempting to use his or her position to do so.


5) The President cannot under any circumstances unless by an act of parliament:-
a.  Grant any immunity to an individual or group or
b.  Pardon any person who has been convicted of an act of treason or for aiding and abetting and act of treason


UPP submission in full
http://www.mediafire.com/view/?sh4b6zncy5tzc3o 

29 comments:

Anonymous said...

Imagine the blessings that will flow if Fiji is declared a Christian State-sugar production will increase,sugar mills will not break down,crime will decrease,traffic problems will go away,everyone will have a job,Punjas will change their name to Punja Christian Ltd,likewise Tappoos and Motibhai,no more Christians in jail,roads will improve,hospitals will become modern and uptodate,coconut industry will thrive,dairy industry will take off,--oh the list goes on and on--the great blessings that will flow.God should be reminded that China,Mauritious,India,Japan,Taiwanetc etc are not Christian countries.He is mistakenly blessing them with prosperity and fast growing economies.---so sad--it should be chanelled to Christian states only.Even grog drinking and child and women abuse will disappear if Fiji is declared a Christian State.Also there will be no walkout in soccer and we will win all Rugby matches because God will cheer and support our team.All floods and cyclones will be things of the past.Christian State--what bull !!!!

Anonymous said...

Ghai says Fiji constitution will be based on good package of submissions
Posted at 06:09 on 17 October, 2012 UTC

The chairperson of Fiji’s Constitution Commission, Professor Yash Ghai, says the more than 3,000 submissions it has received make up a good package for the new constitution.

Submissions have closed but there has been criticism consultations on the new document were rushed and unfair, with young people especially lacking knowledge and funds to get together and contribute ideas.

Professor Ghai says civic education has been lacking but there have been many detailed recommendations and the constitution will gain much from people simply speaking from their heart.

“We are aware more than before the decline in economic standards, the decline in the welfare, how many many people are coping with absolutely dire poverty on a day to day basis. We have an idea of what people want for the future.”

Professor Ghai says every group that wanted to talk to the commission has had a chance.

He says the commission has received very divergent views which now need to be harmonised if possible.

Professor Ghai says drafting will begin using public views set against a complex framework of past experience, decrees and the commissioners’ own judgement.

Anonymous said...

Shocking revelations today about illegal gay judge Paul Madigan and his involvement in DPP’s office and perverting the cause of justice.

Senior officers from the DPP, who have resigned and one of whom is serving the notice period have prepared and dispatched a letter to the President Epeli Nailatikau about the role of Madigan in several high profile cases.
The first was with the Inoke Takiveikata case where he sentenced the Qaranivalu to seven years imprisonment. Our sources in the DPP as well as the judiciary have confirmed that Madigan was constantly in the then Chief Registrar’s office and had called and spoken to the persons who were then sworn as assessors.
The assessors were hand picked by the regime’s Madigan and Ana Rokomokoti who was then Chief Registrar and made sure that the Qaranivalu was denied a fair trial. the Prosecutor was another regime appointment and acting DPP Aca Rayawa. After the verdict he led his DPP delegation to a party at the illegal dictator’s house in Muanikau where Madigan was also present with the likes of Nazhat Shameem and Daniel Goundar. Rayawa told the dictator in the presence of our sources: I had prepared my resignation letter if the verdict had been not guilty. Little did Aca know that the cards had been stacked well before. He might have kept shut and not said a word at trial and Madigan would still have convicted Takiveikata. Or was Aca trying to play plain dumb?
Sometime later Aca as DPP, Shameem as consultant and Madigan as judge on 29th July 2010 had a workshop at the DPP’s office where Madigan was invited to assist in the case of Mahendra Chaudhry. Madigan who was then a judge of the High Court looked at the charges as filed in the Magistrates Court and proposed that a schedule of Chaudhry’s bank accounts in Australia be added by way of a schedule to the High Court charges. 4.5 has looked at the Magistrates and High Court charges and the schedule of bank accounts were not present in the Magistrates Court documents. They only came into existence in the High Court depositions.
Madigan’s hatred of opponents of the regime is open secret and many of the patrons at Defence Club and Holiday Inn where Madigan openly associates with Christopher Pryde the current DPP have heard him talking of his intense dislike of regime critics.
Madigan also solicits the sexual services of young men at bars and clubs and they often accompany him in his green Honda CRV in the late of night. Sources have told us that Madigan who was originally from the UK spent time in Hong Kong and Lower Hutt Wellington but never made his mark as a lawyer, being a senior public prosecutor doing Magistrates Court equivalent work, because of his addiction to alcohol and his perverse sexual habits – both of which ruined his career as a lawyer and landed him in Fiji courtesy of Khaiyum.
Sources also informed 4.5 that the newly sworn magistrate Greg Bullard is also openly gay and has hit it off with Madigan since arriving in the country 2 weeks ago. Bullard currently stays with Madigan while the judicial department house hunt for him.

Kai Bau said...

To Annon about blessings that will flow if Fiji is declared a christian state...God never work like that...may be its Sai Baba or Lord Rama you are talking about.If you dont know the God you are talking about than do the most honourable thing shut up and talk about Shiva or some stupid God who got ten heads and no power like Shiva or Rama.If some countries can be declared a muslim state why cant we call Fiji a christian state.Christian state doesnt mean that every thing will turn to gold but if you wanna get gold than dig for it your self or otherwise go and kiss Rama's rear to give you gold.Nothing is free in this world you have to sweat for it

Seth said...

SETH
bULL IT IS MATE.
The old coward farts are slowly surfacing.
My advice to military is donot hold any election till 2020. let the the old farts pass on then. What say?

Anonymous said...

This guys should be hanged to death for committing Treason.

Anonymous said...

More than 3,000 submissions made - is that a lot? Does that reflect total participation? UPP one of the shorter ones and easy to understand. Who else is behind the party though besides Beddoes?

Anonymous said...

You will hear more and more stories of frank waiving water bills. Most will be schools, church's and large families. This is all to help get votes in next election.

Anonymous said...

Vote buying started now.Where is FICAC now .

Anonymous said...

The AG's office still leaks like a sieve, I see. Terrific! Helps us in compiling the treason case against him.

Will he hang for his treason, as Anon 7:01 AM seems to be suggesting? Up to the court, but I shouldn't rule it out at this point.

Anonymous said...

Good package, my ass! Yash Ghai has no legal standing to propose constitutional changes. This whole exercise is unconstitutional, illegal, immoral, and treasonous.

Let Ghai deny that the two most common threads he heard in the submissions were: 1) the 1997 Constitution should be retained; and 2) no immunity for treason.

And then what of the Constituent Assembly Bainimarama wants to appoint/pack to deliberate on the proposed changes? How is it that Ghai is accepting the unacceptable?

Ghai and the other so-called commissioners should expect extremely adverse professional and personal consequences if they try to go through with this criminal charade.

Anonymous said...

Jokers....

Madigan and Naz Shameem should be haned upside down at Sukuna park.

Disgrace indeed - worse of than dogs.

Clear up Naboro cage for life prisonment for them...

Anonymous said...

God will never bless the country if it is declatred a christian state. He will only bless the country if christians living in it practice what they believe. He wants to see christianity actioned not spoken.

Anonymous said...

Support elections in 2020!!!

Suar khan said...

BREAKING: Fiji AG in hospital

Fiji's interim Attorney General, Aiyaz Sayed Kaiyum, has been admitted to Suva Private Hospital.

Sources say he's suffering from dehydration and is vomitting blood. Sources have also confirmed that he only wants to eat fried pork balls.

Anonymous said...

kai Bau you are a stupid man truly do not undetstand god..be from relion

Anonymous said...

to kai bau..
you have no respect for any religon and do not understand..OUR LORD RAMA IS corner stone of any religon in the world..I do not want to debate you on this topic but tell you bluntly..you have no religon , language, clothes etc all borrowed from someone , we have original the only thing you orginal is making, breading coup .go and suuuuuuuuuuuuuuuk banini..coup four and half do print this ...

Anonymous said...

Suar Khan, no doubt you are a pig as your name states it.

The real problem is that you all are jealous of AG. Are u saying that the military council is stupid to keep him?

Anonymous said...

Declaring Fiji a christian state is a political ideology and not a christian ideology. This reminds me if my village elders who tried their best to build a huge church thinking that blessings willl come to the village when it is done...There wasn't any blessings...everything have gotten worse...The focus was wrong...God dwells in our heart.Its nice to have a beautiful church but if the heart is still in darkness then the church is a waste of money....the money would rather be put into good use if invested on the education of the children..
I would rather support a government that recognize that people have a right to practice a religion of their choice freely.

Anonymous said...

lord rama and the koran are bullshit,,,thats why muslims belive in jihad,,,,,,,,,goggle SON OF HAMAS and it will confirm this...

Kai Bau said...

To Annon about Rama....Fiji was ceeded to the Monarch by our chiefs who are all christians and where was RAMA and your grand father by that time???Who is the corner stone of a muslim state??? you idiot.Most of us native Fijians donot like the coup but muslims and Chaudary did support Banini in some ways then the really suckers here are you and them....Who is Rama anyway....Rama's hardware store in Samabula may be????

Anonymous said...

So ASK goes to the doctor and the doctor says, “You’re test
results came back and I’m afraid I have some bad news. You have kidney failure and you have Alzheimer’s”. ASK says, “That ain’t so bad, at least I don’t have Kidney failure!”

Anonymous said...

kai bau you want to know about Rama ,just go to a temple and swear at the temple ..next morning you see the fun..have guts go and doit kaicolo that;s why your own baini has fucked your own race..bloody cowards could not protect your own!!!just big talk and take frustration our on Indians...

Anonymous said...

Kai Bau-SHUT THE FRONT DOOR!!!GIVE KAMLESH A ONE WAY TICKET TO HIS HOMELAND!
Anon@8:05pm...
i've taken-up your challenge,
went to Samabula temple and pissed on Rama,well you asked for it? We'll to tell you the truth i'm going back once a week to to lay it on him?
Everytime i pissed on him, i get a hard-on, don't know why? But i've done it twice and got the strongest,hard-on a man can ever gets? What if i pissed on his head-
i wonder?

Anonymous said...

Wow, pretty despicable stuff!

Let's tone it down, dial it back.

Respect others as you would have them respect you.

Anonymous said...

@anon 12:41PM Piss on his head and you will get a boil on your bum hahaahaha

Anonymous said...

Butadroka was correct all along ! You Indians think that we Fijians are the culprit ?
When the Indian businessman funded all the coup and were the first ones on the news to feel sorry for the big massacre.....now you want all to be called Fijian. On this interpretation - Fijian means itaukei in English. You cannot call a mango tree another name because the fruit wil tell you the truth. Why can't you accept the fact that you are a Fiji Citizen but of Indian decendant? What is wrong with that? I am Fijian with background connecting me to my yavusa and mataqali etc.... You can't just budge in and make believe no one existed like what happened to the Aborigines. We can do a debate on this for ages but when the roof hits the fan, you people make sure that you can run on water. You don't need the whole of Fiji to do that.... Only 3000 against your 500000.

Anonymous said...

Where is the regime's submission to the Constitutional Commission? Waaay past the deadline now.

Anonymous said...

I totally agree with Mick that all legal decisions by this regime be reviewed by a T&R Commission.