Another Farce in Fiji’s Parliament?

Only 20 sitting days have been allowed to Parliament this year. One has already been lost to a power blackout. So why did the Government waste so much time on Tuesday voting to suspend standing orders then debating and then voting through a motion to “endorse” the Speaker’s suspension of NFP’s Members of Parliament?

Parliament cannot vote to suspend MPs unless the Speaker has named them for disorderly conduct (Standing Order 76). NFP’s MPs could not be guilty of that — they are not even there. So the Government motion is meaningless. But it may illustrate the poor understanding of certain of our current leaders of the role and function of Parliament in a democracy.

In a democracy, the people are supreme. That means that their representatives have the right to speak for them at all times, subject to very narrow exceptions. This is not a right of the parliamentary representatives or their political parties, but of the people they represent. That right cannot lightly be taken away.

Perhaps the Government’s “endorsement” motion is an attempt to put beyond judicial scrutiny the Speaker’s decision (apparently on the advice of the Solicitor-General) to suspend NFP’s parliamentarians. Time will tell whether that is correct. But a decision by a public officer, such as the Speaker, is still a decision and the law (whatever the law is) applies to that decision. A meaningless “endorsement” does not change the law in relation to that decision.

More curious is Mr Sayed-Khaiyum’s justification of the Speaker’s decision to suspend the NFP parliamentarians in the first place. He appears to think that “any duly elected Member of Parliament must be a representative of a registered political party” (which is not correct — independent MPs may be elected).

“Logically and consequently”, he says, “the suspension of registration of a political party must have the effect of suspending that party and its members from Parliament”.

But that is not what the Political Parties Decree says. Section 27(6) says clearly that if a party is suspended for an offence against the decree, its MPs continue to hold their parliamentary seats. So why would it “logically and consequently” be different for a party such as NFP, suspended merely because it is accused of not having its audit signed off properly?

But let us assume (perhaps in the face of the obvious) that Mr Sayed-Khaiyum is right. That would mean that, if his FijiFirst Party is suspended, for some (real or imagined) breach of the Political Parties Decree, “logically and consequently” Government would come to a halt. In a democracy, the Government derives its authority from Parliament.

Under Mr Sayed-Khaiyum’s Constitution, a minister can only be a minister if he is a Member of Parliament. So if a minister does not qualify to sit in Parliament (on account of his or her party being suspended), he or she cannot function as a minister. Is this “logically and consequently” how the country is supposed to be governed?

This is not “true” democracy. This is “Alice in Wonderland” democracy.

Government is a business to be carried on with respect for everybody. It is not something you make up as you go along just so you can win today’s argument.

An institution such as the Parliament (the legislature) is supposed to be separate and independent from the executive side of Government (the ministers and the civil service). This is why it is important for Parliament to have experienced, professional — and most importantly, independent — legal advisers of its own.

We think Richard is correct, so be on the lookout for yet another decree to make him incorrect.

Today Sunday 7th February  2016 Pensioner David Burness passed away after a short illness.

David Burness, his and other senior citizens treatment under Decree 51 orchestrated by the office of the Attorney General on the basis on non factual information provided by the FNPF management was the reason this blog site was launched in 2011.

Some will say the government actions accelerated Davids death, be that as it may, the battle will continue as David would wish.

RIP David Burness, you will be missed by all who knew you.

Unlike some of Fiji’s media we have always attempted to deal in facts, and the fact is, David has gone, but the class action has not, and will not.

COMMENTS:

Remember when you sold the Government Printery did you or the M O E not have the foresight to ensure that textbooks would be available for our Nations Schools. ?

Now you will be in your element terrorising all and sundry in the lower ranks of the M O E with the threat of your favourite personal guard dog… FICAC.

Check it out at the following link

http://fijivillage.com/news-feature/Delay-in-delivery-of-textbooks-to-schools-this-year-9ks2r5/

The following comment from Fijileaks (http://www.fijileaks.com/home/textbook-dictator-education-ministry-is-not-in-his-ministerial-book-but-he-makes-it-his-right-to-lodge-complaint-with-ficac-against-education-officers-after-requests-to-waive-the-tenders-for-the-printing-of-textbooks#comments) sums the fiasco up perfectly::

More AG excuses confirming his incompetence to manage anything at all (Wake up Fiji, haven’t heard this all before with the delays in Free Milk, Free Water, Free Medicines!). How on earth does the international community in Fiji respect themselves for allowing an idiotic AG to control a nation? Never mind, momentary lapse. The international community is getting rich off the idiot, that’s why.

Meanwhile, a Minister of Finance goes after low level employees when the responsibility to know EVERYTHING about its Ministry should reside with the Minister. (BTW, shouldn’t the Minister of Finance also provide answers to the missing $100M?). What is the point of taxpayer moneys funding these incompetent public officials who are only costing the people more money and headaches? Wake up Fiji. this is more than enough justification for ‘No competence’ vote. If only you knew how to do it.

Meanwhile, can the Minister of Finance explain if he will now also report himself and the Roads team to FICAC for investigation of no tenders, delays in delivery, and recommendations to ‘same companies that were used last year and who also caused delays.’ What about your former Neil Sharma? or your current Bhatnagar?  Will you be reporting MoH workers for its leadership incompetence in overseeing drugs under your Free Medicine scheme is ordered on time? Is that another Procurement dept also at fault? Pathetic situation. A deluded country being led by a Suva filled with incompetent, arrogant and opportunistic ‘new Fijians’ while the rest of the country is too ignorant or paralysed to react.

As did the Attorney General when he used the FNFP premise that the average age at death of Fiji Pensioners would be 78 to justify introducing Decree 51 to breach pensioners existing contracts and prevent them appealing to the Courts for justice.

The man, if one can call him that, has no shame, just self aggrandisement. 

BSP Life has collated data from a number of organisations which reveals that only 8% of Fiji’s population is aged beyond 60 years.

This is based on the Fiji Bureau of Statistics census report in 2007 which also states that only 17% of the population is aged beyond 50 years.

Only 3% of the population is over 70 years.

BSP Life has also revealed that according to a UN study on Fiji in relation to insurance in 2010, it has been found that people are using insurance as the last resort to cope with risks.

The study further highlights that premature deaths and sickness has a major impact on people’s savings.

BSP Life has also incorporated the Ministry of Health statistics on the impact of non-communicable diseases where it has been highlighted that people who are in their prime and are in senior positions with good salaries are dying when they should be most productive.

Heart disease, diabetes and stroke are the three biggest killer diseases in Fiji.