To get a better handle of the financial quagmire within the Fiji treasury, it is prudent to outline what and where the lion's share of Government funds had been squandered on. Readers will have to look no further than the Great Council of Chief's new bachelor pad, an icon of myopic decadence and entitled exuberance. Albeit, on the tax payer's tab.
Fijian Affairs Trust Fund has been long rumoured, to be the underlying barrier to the social empowerment of indigenous Fijians from common stock. Presently this conventionally held wisdom still applies.
The Fijian Affairs Trust Fund is being perceived, as a ubiquitous symbol of cultural enslavement. Although, the Chairperson of the Trust fund proudly unveils the new G.C.C building in this Fiji Times article. There still remains an embarrassing and inconvenient question to ponder:
How does this benefit the aspirations of the indigenous?
The future of the new GCC complex, built unashamedly with a $F20 million state loan, which was converted mysteriously to a grant, will perhaps now reach the overarching system of check and balances; long denied. By denying this corruption, the machinery of native institutions perpetuated and rewarded, an ingrained system of cavalier expenditure and a system that was unfettered with chronic abuse.
It is an ideal window of opportunity to correct this duplicity in Fiji governance, especially after the recent military council order, which forbade the GCC from meeting without their approval.
Sadly, what is left in Fiji's state treasury, is basically what had not been consumed by personal profit, hidden revenue streams of kick-backs. Unravelling all these cobwebs of impropriety, is the task of the new interim Finance Minister.
Due to the vast extent of this deficit financing in Fiji, a new budget is expected to be created by the interim Government as reported by Fiji Live article.
This is the excerpt of the Fiji Live article:
New budget expected, says economist
Wednesday January 17, 2007
The recasting of the 2007 Budget by Fiji's interim Government is necessary and was to be expected, says an academic. The ousted government's 2007 budget was thrown out by the interim regime led by interim Prime Minister and army commander Commodore Voreqe Bainimarama.
But University of the South Pacific economist Dr Biman Prasad said while there will obviously be implications on revenue measures that have already been set out in the 2007 Budget, the recasting was necessary.
He said people should look at the way this is done particularly the allocation to key sectors and the delivery of public services including health, education and infrastructure.Prasad said investors will look at how the re casted budget will affect strategies promoting export and investment.
"It's important for the interim Government to give the right signal to investors in terms of fiscal incentives," he said.
"There should be emphasis on improving and developing new infrastructure for both agriculture and tourism growth."
Another aspect that needs urgent attention is the agriculture sector which he says has a lot of potential but is not realised. Prasad said a long-term objective in this sector should be to create productivity and opportunities for employment.
For the sugar industry, Prasad said there needs to be a concerted effort by stakeholders to first gain the confidence of farmers, cane cutters and others dependent on the industry.
He said the amount of restructure done and funds poured into the industry will come to nothing if there are no farmers out there. Accordingly, there should be appropriate measures in place to entice farmers to stay on.
Fijilive
Although deposed Chief Justice, says the appointment is a disgrace and a breach of his trust in a Fiji Times article.
[Deposed]Chief Justice Daniel Fatiaki checks out The Fiji Times, the front page on which is his successor, Justice Anthony Gates.
This is the excerpt of the Fiji Times article:
Gates broke trust: Fatiaki.
Thursday, January 18, 2007
Chief Justice Daniel Fatiaki has labelled the appointment of Justice Anthony Gates in an acting capacity as an unfortunate development.
Justice Fatiaki said Justice Gates' appointment and his acceptance of the post was a breach of trust.
High Court judge Justice Gates was sworn in as the acting Chief Justice at Government House by the President, Ratu Josefa Iloilo, on Tuesday.
That came as a result of Chief Justice Fatiaki and Chief Magistrate Naomi Matanitobua being sent on leave by military commander Commodore Voreqe Bainimarama.
The military said that was done to facilitate an inquiry into the judicial system.
But Justice Fatiaki said as far as he was concerned, he had not received any formal notice of any allegation or charges against the judiciary. He said Justice Gates' appointment was unnecessary.
"They could have recalled me but they did not," he said. He said the interim administration should not have interfered if it was really concerned about the independence of the judiciary.
"Why did the Attorney-General ask another judge to call a meeting of the Judicial Services Commission?
"The meeting for the commission is only supposed to be convened by the chair of the Commission which is the Chief Justice.
"It doesn't mean that if I'm on forced leave that is, that I cannot come in and call a meeting of the Commission," he said.
Acting Chief Justice Gates yesterday said he had no comment to make on these remarks. Judge Nazhat Shameem yesterday said she was saddened to hear Chief Justice Fatiaki's statements.
"I am saddened to hear his remarks about me,'' said Justice Shameem, on criticism that was reportedly levelled against her and Justice Gates by Chief Justice Fatiaki.
She would not comment on the appointment of Justice Gates as acting CJ or changes to the judiciary. Justice Gerard Winter declined to comment.
Interim Minister for Justice and Attorney-General Aiyaz Sayed-Khaiyum said comments by Justice Fatiaki, who is on leave and was probably ill-informed about what happened at the Judicial Services Commission meeting, were unfortunate and "with respect, inappropriate for a judicial officer".
"It is precisely this sort of conduct of some judicial officers that is of concern," Mr Sayed-Khaiyum said.
"As for the meeting itself it was convened after independent legal advice was obtained from Queens Counsel. It was conducted in accordance with our Constitution," he said.
He said the most senior substantive puisne judge who was the natural successor to the Chief Justice was asked by the Attorney- General and Minister for Justice to chair the Judicial Services Commission.
"The Judicial Services Commission allows the judiciary to take control over its own processes, independent of the Government and of any other institution and persons,"Mr Sayed-Khaiyum said.
He said one would expect all persons interested in the independence of the judiciary to support the holding of the commission's meeting and the subsequent appointment of Justice Anthony Gates.
"Other judges may feel aggrieved that they were not chosen by the JSC to act as CJ, however I was advised by Judicial Services Commission that the most senior puisne judge after Justice Shameem was Mr Justice Anthony Gates.
"So his appointment is uncontroversial and constitutionally correct," Mr Sayed-Khaiyum said. Fiji Legal Aid Commission director Vilimone Vosarogo said he supported Justice Gates' appointment.
"He is a highly decorated lawyer and competent by his own rights,'' said Mr Vosarogo. "As a judge he has done his job well."
"As solicitors we should be able to trust that we are appearing before judicial officers who are not biased and who are confident of upholding the integrity of the judiciary,'' said Mr Vosarogo.
He said the recent judicial changes had had little effect on the running of the courts. "It hasn't really affected our timetable. We've set trial dates for most of the High Court trials and we intend to stick to it. The judiciary has informed us of the same stand and that it would like to dispose of those cases quickly,'' said Mr Vosarogo.
However, the new appointed Chief Justice Anthony Gates calls for an efficient system of justice, in this Fiji Village article.
Justice Gates calls for more efficient justice system
By fijivillage
Jan 17, 2007, 13:03
Newly appointed Acting Chief Justice, Anthony Gates has today made a statement on the way forward for the judiciary as certain parties continue to argue whether his appointment is constitutional.
In a statement released to Village News, Justice Gates said Fiji must have a more efficient justice system as the current inadequacies of the legal system are now notorious and have undermined the rule of law.
The Acting Chief Justice said the manner of dispatching business by the courts should change as efficiencies need to be improved by the judicial officers.
Justice Gates said we often hope that life will continue on as before and indefinitely but it is now inappropriate for the judiciary to say that it will be business as usual.
The Acting Chief Justice said there have been too many serious allegations but the independent role of the judiciary will not change. He said the judiciary can and must and will stay independent, and the final bulwark of liberty is the courts, the independent guarantor of freedom under the law.
Justice Anthony Gates said the constitutionality of the present situation inevitably will be raised before the judges. He said at that time, the only appropriate time, those judges will hear from the parties concerning the evidence and the law, and then give their decisions in accordance with their oaths in office.
Justice Gates also welcomes the comments of the Interim Attorney General that the military should not abuse the rights of ordinary inhabitants. The Acting Chief Justice said a wise army remains a disciplined army and there is no time for vindictiveness, petty bullying or score settling.
Justice Gates said if claims of abuse of human rights are made out, litigants will obtain necessary redress from the courts. He said the need for a comprehensive 'no stone unturned' inquiry into the serious allegations raised about certain judicial officers and practices is self evident.
Justice Gates said he will meet shortly with his fellow members on the Judicial Service Commission, President of the Law Society and the Chairman of the Public Service Commission, to map together a plan for the creation of a robust, healthy and efficient legal system in Fiji.
Should the Fiji public imply from his comments that, the deposed Chief Justice Daniel Fatiaki represented an inefficient system of justice?
Regime's illegal: Lawyers
Thursday, January 18, 2007
THE interim administration is illegal and interference with the judiciary is wrong, the Fiji Law Society maintained yesterday.
The society, reiterating its position, follows speculation it had changed its stand because of reports it was part of the Judicial Services Commission, which recommended that High Court judge Justice Anthony Gates be appointed Acting Chief Justice.
Yesterday society vice president Tupou Draunidalo said the society's earlier statements on the legality of developments that had unfolded since the December 5 military takeover were unchanged. She refused to elaborate or respond to further queries.
Ms Draunidalo made the comments in response to questions regarding issues raised by Suva lawyer Richard Naidu in a column in this newspaper on Tuesday.
Mr Naidu had said, among other things, that the return of power by military commander Commodore Voreqe Bainimarama to the President, Ratu Josefa Iloilo, was futile because it did not legitimise the events that unfolded on December 5.
Society president Devanesh Sharma said while they accepted the society would deal with the administration without prejudice to any legal action on the validity of its appointment, it should not be assumed that it meant they accepted the interim Cabinet to be legitimate in the eyes of the law.
The society met last weekend to discuss its stand on the issue. Mr Sharma said Ratu Josefa had the power to make constitutional appointments only in compliance with the provisions of the Constitution. "He (the President, Ratu Josefa) can not act unconstitutionally himself," Mr Sharma had said.
He has asked Attorney-General Aiyaz Sayed-Khaiyum to impress on the military the importance of the independence of the judiciary and the need to allow Chief Justice Daniel Fatiaki and Chief Magistrate Naomi Matanitobua to resume duties.
He said the society was reviewing its options to shortly institute legal action against the ban on land sales and the forced leave of Justice Fatiaki and Ms Matanitobua. "The society deplores the attempts made by the RFMF to interfere with the judiciary. The Chief Justice and the chief magistrate must be allowed to immediately resume their official duties," Mr Sharma said.
Interim Attorney-General and Minister of Justice Aiyaz Sayed-Khaiyum said the appointment of all individuals under the regime, including interim Cabinet ministers, were mandated by the President.
He had earlier said the military regime upheld and respected the Constitution. Mr Naidu had said in an earlier interview that the system of things as they were was illegal.
He said if the Constitution was indeed being upheld, where was the Vice President, Ratu Joni Madraiwiwi, who was appointed by the Great Council of Chiefs during the reign of a democratically elected government.
Although, Fiji Law Society was infuriated with the decision to replace Justice Fatiaki described in this Fiji Times article, the new Chief Justice's comments provided solid justifications, on this latest series of rolling reforms.
Despite the swearing ceremony of his successor, the deposed Chief Justice still clutches onto the office, as Fiji Sun article confirms.
I’m still the CJ: Fatiaki
By HAROLD KOI
Chief Justice Daniel Fatiaki, who was forced to go in leave by the military regime, yesterday maintained that he is still the CJ. And he angrily denounced the appointment of Justice Anthony Gates as acting Chief Justice as a disgrace.
"I am still the Chief Justice," he said. Justice Fatiaki also criticised Justices Gates and High Court judge Justice Nazhat Shameem for "betraying my trust" and the judiciary by supporting the military. Justice Fatiaki said actions by the High Court judges that supported the military were cowardly.He said no investigation had been initiated on allegations of corruption against the military.
Said Justice Shameem: "I am sorry to hear the CJ's reported comment about me but it's not appropriate to comment on the matter as a judge". Justice Gates declined to comment.
However, the Fiji Law Society maintains that there are no new judicial appointments.
President Devanesh Sharma said there were no new appointments within the judiciary.
"In actual fact, people are completely mistaking the issue," he said.
"The judicial service commission is a body that deals with recommendations and it is the president that makes the recommendation."
Mr Sharma said the appointment was within the Constitution. "The only one that has been announced is an acting CJ," he said. "What that simply means is in the absence of the CJ (Fatiaki), who is on leave at the present time, it is permissible to appoint an acting CJ.
"And the acting CJ will step down as soon as the CJ comes back." Interim Attorney-General Aiyaz Sayed Khaiyum said Justice Fatiaki was on leave and was probably ill-informed about what had happened at the Judicial Services Commission meeting.
"It is precisely this sort of conduct of some judicial officers that is of concern," he said. "As for the meeting itself, it was convened after independent legal advice was obtained from the Queen's Counsel." Mr Khaiyum said it was conducted in accordance with our Constitution. "The most senior substantive puisne judge who is the natural successor to the Chief Justice was asked by the Attorney-General and Minister for Justice to chair the Judicial Services Commission," he said.
"The Judicial Services Commission allows the judiciary to take control over its own processes independent of the Government and of any other institution and/or persons.
"One would expect that all persons interested in the independence of the judiciary would support the holding of the commission's meeting and the subsequent appointment of Justice Anthony Gates.
"Other judges may feel aggrieved that they were not chosen by the JSC to act as CJ. However I was advised by the Judicial Services Commission that the most senior puisne judge after Madam Justice Shameem was Mr Justice Anthony Gates. "So his appointment is uncontroversial and constitutionally correct."
The case of Sugar Cane Growers Council Chairman, Jagannath Sami who recently won a reprieve in the Lautoka High Court, contesting his illegal removal by the military post 2006 coup, may reflect the Archilles heel of the Fiji Army's legal precedence; if not corrected in a timely redress.
Fiji Village reports that, Messr Swami returns hopefully to his position in work, unmolested and unrestrained. Fiji Times article emphasizes the court order to the military, in dessisting any 'overly friendly' influences.
Despite the overwhelming availability of experts in Civil Liberties and Human Rights in Fiji; the following report by Niu FM, underlines the desperation of certain media outlets, in obtaining reliable and credible sources.
Niu FM podcast interviews 1987 coup leader and self-declared expert on Human Rights, Sitiveni Rabuka on the recent performance of Fiji Human Rights Commission.
Club Em Designs
When all is done, the amount of corruption and waste revealed is going to be staggering. How fortunate Fiji is to have someone so patriotic as to tackle this mess.
ReplyDeleteOff topic and at the risk of disrupting the smooth Laminar Flow - you have two music videos starting up simultaniously when I view your blog. I'm not crazy about even one, but two is definitely too much. :^)
Thanks P,
ReplyDeleteHave corrected the template.(L.F)