Qarase and Others v Bainimarama and Others

10/10/2008

Earlier this year, the ousted prime minister of Fiji, Laisenia Qarase, engaged Nye Perram SC (as he then was) and Rachel Pepper pro bono to appear before that nation’s High Court to challenge his removal and his replacement by the coup leader and self-appointed prime minister, Commodore Frank Bainimarama. Yesterday, the court handed down its decision in Qarase & Others v Bainimarama & Others. It held that:

The decision of the president to ratify the dismissal of the prime minister and his ministers, to appoint Dr Senilagakali as caretaker prime minister to advise the dissolution of parliament, and the dissolution of parliament itself, are held to have been valid and lawful acts in exercise of the prerogative powers of the Head of State to act for the public good in a crisis...For the same reasons the further decision of the president to rule directly pending the holding of fresh, fair and accurate elections is upheld as valid and lawful.

View the full text of the High Court's decision >

10 October 2008