No Decree can be questioned in Fiji Court [1]
Monday, April 20, 2009 - 09:13. Updated on Friday, September 12, 2014 - 12:14.
The President Ratu Josefa Iloilo has decreed that none of the decrees or decisions made by government since the 5th of December 2006 to the 9th of April 2009 can never be questioned or challenged in any of the Fiji courts.
The Administration of Justice Decree which came into effect on the 10th of April states in Section 23(2) that all proceedings in the Courts established by the Constitution Amendment Act 1997, that had commenced before the revocation and abrogation of the Constitution Amendment Act 1997, but had not been determined, shall continue on and after the revocation and abrogation of the Constitution Amendment Act 1997, as if the provisions of this Decree were in force at the commencement.
Section 23(3) goes on to say that all cases regarding: (a) to challenge the validity or legality of any Promulgations, decrees and declarations made between 5th December 2006 to 9th April 2009, (b) to challenge any decision of the President, (c) to challenge any decision of a Minister made on any grounds whatsoever, (d) to challenge any decision made by the Minister and Permanent Secretary for Immigration to remove a person from Fiji, (e) to challenge any decision of the Executive or of the Government to terminate employment, (f) to challenge any decision of the Judicial Service Commission made between 7th January 2007 and April 9th 2009, and (g) to challenge any decision of the Executive or of the Government or of the employees of the Government, shall wholly terminate immediately upon the commencement of this Decree,
Attorney General Aiyaz Sayed Khaiyum said this provision will allow Fiji to start off with a clean slate. Fijivillage, 18/04/09.