The Citizens Constitutional Forum in Fiji is meeting tonight to decide whether to launch a Supreme Court appeal after losing a case seeking to declare certain actions of the president illegal.
The Appeal court turned down their case that the president acted unlawfully in dismissing the then prime minister, Mahendra Chaudhry and appointing a caretaker government.
CCF's executive chairman, the Reverend Akuila Yabaki, says it's important to note that the Appeal court did not confirm that the president's action was lawful.
Instead, it stated that it didn't have enough facts before it to know, because the doctrine of necessity, which excuses unconstitutional actions in certain circumstances, might have applied.
Reverend Yabaki says while they didn't win the case, the judges did lay down what a president could or couldn't do in the future.
"They gave very important guidance for us , especially when they say that under the constitution, the President may not dismiss a Prime Minister by himself. He must go through the process, which is the Prime Minister must resign, or lose a vote of no confidence in the House, ...the President cannot decide by himself whether the Prime Minister would lose a vote of no confidence. Only the House of Representatives can decide that with a proper vote."
Reverend Yabaki says they're concerned that the doctrine of necessity could be used to justify the over-use of power.
