The following is our response to the Government considering whether it will apply for strike out of the court action of FNPF pensioner David Burness in its entirety. as reported on Fijivillage.

Grey Power’s response to AG’s statement 29/7/11

Fiji pensioners are not in the least bit concerned with the AG’s statement to the media that ‘Government will consider whether it will apply for a strike out action of FNPF pensioner David Burness in its entirety’.

Grey Power’s lawyer, Dr Shaista Shameem, says Government will have to make a proper strike out application, by following formal procedures for strike out, which it failed to do on the last occasion, which is why its feeble attempt to strike out the Burness application in the first instance was thrown out by the Court.

Such comments from the AG are empty threats, says Grey Power. Right now an application is still before the Court in the matter of David Burness v FNPF, the Republic of Fiji and the AG [Civil Action No 183 of 2011] and the Court has requested that the applicant make amendments to the application because the Court wanted a different application procedure than a Notice of Motion and Affidavit even though such a procedure had been accepted by the High Court (Gates J) in the case of Chandrika Prasad v the State in 2000 in a written Ruling.

As for jurisdictional questions mentioned in passing by the AG in his press statement, Grey Power says that the Court will want to hear arguments from both sides as to whether a Decree which removes all human rights of the people of Fiji is justiciable. This is a fundamental human rights matter and will have international attention drawn to it when the time comes to argue it. Such an issue of national importance will not be struck out just like that. The implications of this would be rather serious for the State in its ‘entirety’ if that happens.

Grey Power says the AG should follow procedures of the Court when making his application, since the same rules should apply to all.

The post on Fijivillage is as follows:

State considers strike out of Burness case

Story by: Vijay Narayan 

The Government will consider whether it will apply for strike out of the court action of FNPF pensioner David Burness in its entirety.
Attorney General Aiyaz Sayed-Khaiyum said given that the issue of jurisdiction in relation to the application has not been addressed by the court, the state will consider an application for strike out based on jurisdiction and abuse of process.
The High Court has already struck out the application by Burness for orders restraining the FNPF and the state from making any decision on the proposed review of the FNPF Act.
The court has also said that it is not satisfied of any probable basis on which the human rights of Burness could be violated by any reforms that could be introduced by FNPF as his affidavit was based on mere speculation rather than credible and reliable information.
The High Court has permitted Burness to rectify his procedural and technical errors in the pleadings within 21 days.
The matter will be called again on the 30th of next month to ascertain whether proper documents have been filed on behalf of Burness.

The original link can be found here:

http://www.fijivillage.com/?mod=story&id=290711aec74c158993277fac48ca0e

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