Bainimarama Take Over Address

7/31/2019 Bainimarama Take Over Address

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Voreqe Bainimaramas Press Statement(5 December 2006)

Ladies and gentlemen, good evening.

The RFMF has observed the concern and anguish of the deteriorating

state of our beloved Fiji.

We consider that Fiji has reached a crossroads and that the government

and all those empowered to make decisions in our constitutional

democracy are unable to make these decisions to save our people from

destruction.

As of 6 oclock this evening the military has taken over the governmentas executive authority in the running of this country.

I urge all citizens to remain calm and to maintain the peace, which

currently prevails as of now the military, and police are working together

to ensure that the situation remains calm and that the people do not take

advantage of the current situation and break the law.

As a precautionary measure the security forces will be putting up many

checkpoints, which will be removed in about five days, within towns andcity boundaries and near critical infrastructure.

There will be no curfew. The security forces will also be conducting joint

patrols and you will be more soldiers than usual and policemen in patrol.

Please do not be intimidated or scared, they are there to ensure that

people do not break the law, and, hence, ensure everybodys security.

I reiterate my call to those who are thinking of conducting illegal

activities against the populace and or against the military and police not

to do so.

The security forces will be out there to ensure the security of all the

people of this nation. At the moment the two forces are in the process of

setting up a joint operation command center at the Central Police Station

in Suva. The telephone numbers of the JOCC, as we call it, will be made

available to the public once the center is set up.

All the ministers from the last government have been given from

tomorrow, one month, to vacate their government quarters and return all

government properties in their possession. They will be paid a severancepay of one months pay.


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There is no intention by the military to arrest these ministers. We only ask

that they leave their daily lives and that they not interfere in the process

that is now taking place. RFMF over the years has been raising security

concerns with the government, in particular the introduction ofcontroversial bills and policies that have divided the nation now and will

have very serious consequences for our future generations. These

concerns have been conveyed to the PM in all fairness and sincerity with

the countrys interest at heart. Apparently, all RFMF concerns were never

accepted in true spirit. All my efforts to the government were to no avail,

instead they turned their attention on the RFMF itself despite my advise,

they tried to remove me and create factions inside the RFMF, the

institution which stood up and redirected the nation from the path of

doom that the nation was being led in 2000.

Qarase has already conducted a silent coup through bribery, corruption

and the introduction of controversial bills. This morning Qarase refused

to attend an audience with his Excellency, the president in his

Excellencys attempt to resolve the impasse. This action by the prime

minister has indicated to me and the military that the government has no

intention of solving this crisis.

This Constitution allows his Excellency to sack the prime minister in

cases such as this, however, the stalemate has forced me to step forward

and the military has taken over government. The RFMF throughout this

impasse has wanted to solve this impasse constitutionally, legally and

expeditiously. The RFMF could have carried out unconstitutional and

illegal activities but has not done so and will not do so.

It believes in the rule of law and shall adhere to the Constitution. It not

only adheres to the Constitution but more importantly believes in the

adherence to the spirit of the law and constitution. Opposition can be

differentiated from the Qarase Government which for example throughthe passing of the Reconciliation, Qoliqoli and Land Claims will

undermine the Constitution and deprive many citizens of their rights,

guaranteed under Constitution and compromise and undermine the

integrity of the constitutional offices, including the judiciary.

The RFMF not only believes in the Constitution but it also believes and

adheres to constitutionalism. As Commander of the RFMF I have been to

visit the President who is the head of the state and the Commander-In-

Chief on a number of occasions over the last few days. The president haspersonally stated that hes concerned about the crisis point we have


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reached. We are now in limbo because the prime minister has refused to

see him despite the president asking him to do so. The president has the

constitutional and legal option to dismiss the prime minister under

Section 109 (1) of the Constitution in his own judgment should

exceptional circumstances exist. These powers are sometimes referred toas reserve powers, which have been exercised in Fiji previously and other

common law jurisdiction including Australia by Governor General (John)

Kerr. Kerr as you all know sacked Prime Minister Whitlam (Gough). This

reading of this power to the president through this provision of the

Constitution was upheld in the decision by Justice Michael Scott in the

case of the Reverend Akuila Yabaki and others and the president of the

Republic of the Fiji Islands and the Attorney General. This decision by

Justice Scott has not been overturned and therefore is binding and valid in

law.

Apart from the fact of the Prime Minister refusing to visit the president

and the fact that we are in this state of limbo, the president is supported

by some including the vice-president who are putting undue pressure on

him. Those putting pressure on him and going against the ruling of

Justice Scott are taking advantage of the president, accordingly, during

the RFMFs assessment of the governance issues, which I have just laid

out the need to solve the current crisis, the need to invigorate the

economy, the need to normalize the state of affairs, the need to maintain

the Constitution, the need to maintain law and order and recognizing the

president has been prevented by some, including the vice president from

exercising his constitutional prerogative to dismiss the prime minister in

exceptional circumstances, as commander of the RFMF, I, under the legal

doctrine of necessity will step into the shoes of the president given that he

has been blocked from exercising his constitutional powers.

You will note that Justice Scott has also stated in that case, that in some

unusual and extreme situations and departure from the normal

requirements of the constitution is permitted. This departure is justifiedunder the doctrine of necessity, which was also discussed in the

Chandrika Prasad and Musharaf cases. This is indeed an unusual and

exceptional situation which was not envisaged by the framers of the

Constitution and which requires special steps to preserve the Constitution

and maintain the integrity of the nation states of Fiji.

We reiterate that while this cause of action is undertaken with great

reluctance, it is necessary to steer our beloved nation into peace, stability,

a just solution and to preserve our Constitution. Therefore, theConstitution will remain in place except those parts as necessitated under


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the doctrines of necessity. Accordingly subject to the prevailing

conditions all our constitutional offices including the judiciary should

function as they normally would.

I have spoken to the members of our security forces and they have givenme their undertaking that they shall combine their efforts and work

together to maintain peace and stability in our Fiji.

Therefore, having stepped into the shoes of the president I shall now in

his capacity under the Section 101 (1) of our Constitution as he has

empowered to do so, to dismiss the Prime Minister Laisenia Qarase.

Furthermore, as provided under Section 109 (2) of our Constitution I

appoint Dr Jona Baravilala Senilagakali as the caretaker prime minister

who will advise the dissolution of parliament.

Following the dissolution of parliament an announcement will be made

regarding the formation of a caretaker or interim government to steer Fiji.

After a proper census and electoral system is in place, the caretaker

government will facilitate democratic national elections as provided for

under our constitution. Given the legal constitutional and indeed

defensible basis of this necessary action all citizens of this country,

including the now former prime minister Qarase our neighbours and the

international community should remain calm and support and work

together for the betterment of our beloved nation and its people.

Let me outline the course of events that will take place in the next few

days.

The takeover will not be permanent; tomorrow I will summon the chief

executive officers and charge them with the duty of running their own

ministries until an interim government is appointed.

During he Great Council of Chiefs meeting next week I will be requestingthe Great Council of Chiefs to re-appoint the Turaga na Tui Vuda as the

President. His Excellency will then appoint a caretaker government.

In the meantime a military council will provide me with advice.

When the countrys stable and electoral rolls and other machineries of

election have been reviewed and amended, elections will then be held.


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We trust that the new government will lead us into peace, prosperity and

mend the ever widening racial divide that currently besets our

multicultural nation.

We ask the people to co-operate and bear with the inconvenience. Wewill work towards putting in place a government that stands for all

citizens of this country. Our priorities for the time being are to ensure

your security, your safety and the nations well being. We will ensure that

all the rights of the citizens of this country are protected. We will respect

the International Convention to human rights and humanitarian law.

I urge the people of Fiji to continue with their normal daily lives, all those

with employment should continue to go to work. I urge all business to

remain open, I assure you that there will be no disruptions to the

Government machineries as things will continue to operate as normal.

We will ensure that development plans and programs at all levels of

government continue to be implemented. I plead to the international

community to first learn and understand the situation in Fiji before you

take action.

I request that you all remain calm and support the RFMF in this process

of political readjustment to pave the way for a new Fiji. Finally, again I

plead for your understanding, your patience and your support. Wishing

Gods blessing on Fiji and its people. God Bless Fiji.

ENDS

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Bainimarama Take Over Address