Home » Bainamarama » Why Bainimarama can’t bear the 1997 Constitution

Why Bainimarama can’t bear the 1997 Constitution

Bainimarama who has set himself up as the ultimate law giver has told us we cannot have the 1997 Constitution.

If he going to give himself the role of the ultimate judge of our constitution he needs to tell us exactly why the constitution is flawed and when he discovered this.

We can thank Yash Ghai for an account of Bainimarama’s past view of the 1997 Constitution. In a paper written jointly with Jill Cotrell for the United States Institute for Peace, entitled Between Coups Constitution Making in Fiji, Yash Ghai says that he met with the Commander and senior officers in October 2000. They discussed the 1997 constitution, which Bainimarama and his officers told Prof Ghai, they had just started to read. To their surprise “they found it an excellent constitution and a better one could not be imagined. But they had not known this when they more or less supported the coup!”

So let’s get this straight. In early 2000 Bainimarama thought the 1997 Constitution was was so bad he abgrogated it in a process which he and his officers described as “more or less supporting the Speight coup”. That’s right, he admitted that he had more or less supported the Speight coup. By October of that year, however, after reading the 1997 constitution, Bainimarama thought it was very good, so good that he and his officer corps said they could not imagine anything better.

Even after his coup in 2006 he was still swearing his loyalty to the constitution. The Charter of 2008 which Bainimarama gave us declared the 1997 Constitution was the basis of all things good. Then sometime after that he came to see it was “no good for Fiji”.

Bainimarama says it is ‘discriminatory’ and ‘no good for Fiji’ but he hasn’t told us is exactly what discriminatory bits he doesn’t like and when he discovered them.

Does he think we don’t understand what’s going on here? The problem with the 1997 constitution is that, if it is regarded as valid, he is guilty of treason. If we return to the 1997 constitution it means all of the Decrees passed since the Court of Appeal decision in 2009 are not only illegal, they are treasonous. His dishonesty about this does no-one any good.

We need genuine reconciliation, with honesty, openness and a readiness to start anew. The two obstacles standing in the way are Bainimarama and Khaiyum. Given a choice between these two and the 1997 Constitution, who apart from the two criminals themselves would not choose the 1997 Constitution?

22 thoughts on “Why Bainimarama can’t bear the 1997 Constitution

  1. The 1997 constiution is history now. So stop dreaming about it you guys.

    Section 98 0f the former Fiji constitution provided, that a member of the house of representatives who, in the presidents opinion can form a government that has confidence of the house of representatives is to be appointed the Prime minister. The Prime Minister, thus appointed, is required pursuant to s.99(5) to invite all the parties with more than 10% of the seats,to come into cabinet and to be proportionately represented there.

    Did the now CONVICT, cheater, master conman and trickstar of the indigenous fijians Lai Qarase followed this part of the constitution?

    So when the SDL and racists fijians did not follow the 1997 constitution then, why are they crying for the 1997 constitution now?

    Do they want to make a mockery of that constitution again?

    Do they want to elect more than half the members of the parliament into cabinet again?

    God gives everyone a wonderful opportunity in live, if you dont use it wisely then you have only yourself and your racists masters to blame.

    By the way, Qarase’s bokete run is going good in korovou.

  2. Shamima Ali should count her lucky stars and zip up

    Listen ashholes and those advocating the convicts rights

    the prisoners were murders and robery with violence culprits.

    They wouldn’t have surrendered easily to authorities so reasonable FORCE had to be used.

    Apart from money they must have been looking for women and alcohol to satisfy their lust.

    if they had got hold of shamima for that purpose she won’t be howling now against police and army.

    Shamima Ali should count her lucky stars and zip up

  3. Who says that Judiciary is not independent in Fiji - even alleged RAPISTS are allowed to travel overseas....hahahahaaa says:

    Who says that the judiciary is not independent in Fiji – even alleged RAPISTS are allowed to travel overseas.

    Ratabacaca granted to travel overseas

    All Nations Christian Fellowship General Superintendent, Reverend Epeli Ratabacaca was granted to travel overseas in court today.

    High Court Judge, Justice Paul Madigan made a decision this morning following a submission from Ratabacaca’s lawyer, Filimoni Vosarogo indicating that his client intends to leave this Saturday to attend a church conference in Australia.

    The church conference will be held from the 9th to the 16th of this month.

    Ratabacaca faces two counts of rape and one count of indecent assault.

    The trial proper is set to kick off on the 1st of next month.

  4. @ Josua Mara you boot polisher,fucken go and apoligise to Ratu RUM. You empty vessel and loose nut have you or your grandfather every had time to read 1997 constitution? no,because you gays are too busy in sucking Bai’s Ball and giving backyard service to Khaiyum

  5. Dont tell shamima Ali to zip up actually it should be Nur Bano,Laillun Khan and others who should retire from Bai’s ball.

  6. 1997 Constitution is a living document and that will remain the supreme law of the land. Khaiyum & Others can go and Maichodao

  7. @ Tahir Hussein,

    Phuk you fella. And phuk the 1997 constitution. It is finished. Gone! History. Never to come back again !!!! Now go to sleep you asshole talibaan.

  8. Jushua mara your writing is full of rubbish. The 1997 will remain the constitution of the country.

  9. PM hopes for US scheme to stay

    Publish date/time: 01/10/2012 [17:27]

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    The prime minister has revealed that as part of Fiji’s progress toward establishing parliamentary democracy, the government is reviewing current labour laws to ensure their compliance with the 34 International Labour Organization conventions that Fiji has ratified.

    As only a few hours remain for Fiji to appear in the US government’s public hearing on whether exports from 39 Fiji companies should still have duty free access into America, Commodore Voreqe Bainimarama said the Employment Relations Advisory Board comprised of representatives from government, trade unions and employers is undertaking the review process.

    Commodore Bainimarama said the government is committed to protecting all Fijian workers and will soon adopt Fiji’s first national minimum wage to ensure that they receive fair earnings.

    He said it is also important for the employers, unions and employees to make submissions to the Constitution Commission.

    He said the government seeks to ensure that unions can take collective action as directed by their member workers and are subject only to restrictions that are generally accepted to protect the public good.

    The prime minister said the government also seeks to protect the rights of those workers who choose not to affiliate with unions.

    Commodore Bainimarama said over the weekend that the unionists should stop using people for their own benefit.

    There is an audio file attached to this story. Please login to listen.

    He said about 75,000 people will be affected if Fiji is removed from the scheme.

    Acting Solicitor General Sharvada Sharma is making the presentation on behalf of the government in the US.

    If the decision goes against Fiji in Washington DC tomorrow, then it would stop us from benefitting from the US Generalised System of Preferences (GSP) Scheme and put 15,000 jobs at risk through loss of exports.

    Fiji Trades Union Congress (FTUC) president Daniel Urai said the union should not be blamed as it did not bring up the decrees like the Essential National Industries Decree.

    There is an audio file attached to this story. Please login to listen.

    When asked about the job losses expected and whether FTUC is behind it, Urai said the government just has to remove the decrees that limits the rights of the workers and stops them from challenging the decree in any court of law.

    There is an audio file attached to this story. Please login to listen.

    Meanwhile, Fiji-US Business Council chairman David Voss said the 39 companies are concerned that their exports and workers will be greatly affected as there will be definite job losses.

    There is an audio file attached to this story. Please login to listen.

    Voss said the Fiji Trades Union Congress is behind this move as they want the decrees like the Essential National Industries Decree removed.

    He questioned what purpose would this serve if many people lose their jobs when Fiji is removed from the scheme.

  10. The 1997 constitution was internationally acclaimed as one of the best. All the rhetorics about the pros and cons of the constitution only came to the fore after it became an impediment to the illegal cause of the regime after the 2009 Appeals court ruling. Just as Navosavakadua said it would have seen these regime criminals behind bars sooner rather than later. Reason why these thugs have included the immunity clause into the Constitution Commissions decree which must be strongly opposed. However I can see the push for immunity will have an easy passage by a regime stacked Assembly. We will also see how honest and unbiased the Commission is and what they put together for scrutiny by the Assembly. Whether they will still push forward the issue immunity despite it being highly opposed by the majority of submissions.

  11. the lamusona casava patch escapee frank bainimagana is not the legal commander of the RFMF and nor is he Fiji’s prime minister. he is a terrorist who threatened legal government and PM to renew his contract which is treason and sedition. he should also stop giving his cici maga out to his bakewas — his sodomite party full of uneducated masi polo military officers like nailiva and roukura and MR mosese fisher who are the dumbest imbeciles ever.

  12. Bring back military Justice in Fiji

    Four people alleged to be involved in a series of robberies and break-ins in Nadi over the past few weeks have been remanded in custody by the Nadi Magistrates Court.

    Taito Seninawawa, Kinijoji Vuda, Jone Masirewa and Kelepi Ratu appeared in court today charged with six counts of aggravated robbery, aggravated burglary, theft and assault.

    It is alleged that they were involved in a series of robberies at hotels and getaways involving more than $3,000 worth of cash and items in Nadi over the past few weeks.

  13. @ All Magaitinamu

    I wonder why there is so much crime when Frank has been so busy destroying the economy, devaluing the dollar and getting rid of jobs?

    I wonder why… The regime has a lot to answer for.

  14. @Radio Banana

    nice questions for your grand fijian i- taukei’s to find a solution for?

    May be you could enlist the assistance of the ultra nationalistic religious talatala’s of the grand circus methodists Church of Fiji, who were championing previous coups.

    even when the economy and the nbf was robbed by kaicolo’s, like your relatives and the economy was worse off……

    keep searching for the answers brother radio

  15. @ josualaki mara you a idiot clown Qarase was put to jail because of hate and cheat from bainimarama kyium and their advisers lawers who behind the dictators.qarase is leader who did not threat and bully FiJi Citizen.He was best PM Fiji have had.He is very matured and educated banker ‘economist,and leader.Qarase was not suppose to be jail the juged was paid to allow him be gulity and few more people was threatns by FMF to testify and proseccuted were forced to do what this dictator and his advisers want.Bainimarama is not a clean leader he’s cheater,dictator,lier,bully and a granfather ,father and family man.

  16. 1997 constitution is a living document thats what court of appeal said in april 2009 and now the gay cj said in his ruling in 2001 chandrika prasad case.
    so frank you cannot abrogate the 1997 constitution with you gay master Khaiyum.

  17. @ Laisa

    “nice questions for your grand fijian i- taukei’s to find a solution for?”

    Laisa, you couldn’t find the truth, even if it had bright flashing lights and was stapled to your forehead. You twist and turn in whatever contortions you like to ignore it – but it is still there…

    Your dictator has no excuse for failing to live up to ANY of his many promises for the great “clean up”, except for cleaning out the taxpayers money.

    There is no government left in Fiji, just lots of suckholes trying to line up to get in before it all falls over. It is apparent that you have wedded yourself to this god-awful mess. Keep going as you do, maybe you will get enough to help you hide in obscurity once this is all over.

  18. Nothing new, basically Bainivuaka thought the 1997 constitution was good until Khaiyum told him it wasn’t. This was so he could hide the fact that he started to read the constitution in 2000 as Yash Gai states and still hadn’t finished by 2009 when Khaiyum told him it wasn’t a good constitution. So to hide his tamani big ulukau he decided to go with whatever Khaiyum tells him because he’s the epitome of dumbness and Khaiyum acts like he’s got a brain even though he hasn’t.

  19. @ Radiolucas i dont think your qualified for any job…..thats y ur complaning……….ppppffftttt…..go back to school so that you talk less…and work hard!!

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