18 Nov 2008

Fiji High Court Judge will today decide on next step after stay order was granted

11:38 am on 18 November 2008

A Fiji High Court Judge will today decide on his next step after a stay order was granted to the interim government in relation to his orders to stop all People's Charter work.

While making the injunctive orders last Friday, Justice Filimoni Jitoko stated that this morning, he will give directions on the hearing of Laisenia Qarase and the SDL Party's Originating Summons.

Fiji Live online says in their Originating Summons, Mr Qarase and the SDL are asking the High Court to make declarations that President Ratu Josefa Iloilo, interim Prime Minister Commodore Bainimarama and interim Attorney General Aiyaz Sayed-Khaiyum individually and collectively do not have the power nor lawful authority to amend, alter, repeal or abrogate the constitution.

That includes making recommendations, including and affecting changes to the electoral system that are contrary or inconsistent with the current provisions of the constitution.

They also want declarations that the interim government cannot appropriate any funds to the NCBBF and stop all payments to the council and also stop all public meetings and awareness programs to promote the Peoples Charter.

Justice Jitoko will make his directions today and court sources have confirmed that he will go ahead with his ruling.

Meanwhile, SDL Lawyer Niko Nawaikula said they will raise in court that they were not informed about the stay order application on Friday afternoon.

Meanwhile, Single Judge of the Appeals Court Justice John Byrne will deliver his ruling on Thursday to explain the grounds and reasons why he issued a stay order.