Appeals Court of Fiji rules in former PM Qarase's favor

The Appeals Court of Fiji decision today overturned the Supreme Court judgement last year ruled the Intrim Government formed after the 2006 military coup was illegal and said a caretaker prime minister should be appointed to call for elections and restore democracy.

The Supreme Court had ruled that President Ratu Iloilo had acted legally in asking Mr Bainimarama to form an interim government after the bloodless coup.

The contention by Laisenia Qarase that he be re-instated as PM and he would then advise the President to call fresh elections were however not allowed.

This decision brought much rejoicing in the SDL camp and hopes among former MP's and supporters that an election could be called were raised.

But does the decision by the Appeals Court of Fiji mean that the Interim Government will call for elections soon?

There a number of possibilities, in order of likelihood:

1. The President re-affirms Commodore Bainimarama as Interim PM

2. Interim Government overrules Appeals Court of Fiji under Doctrine of National Security Exigency

3. New independent PM is appointed who vacates office in favour of Commodore Bainimarama

4. Constitution is abrogated and the People Charter will serve as the framework to return Fiji to Parliamentary rule

5. Independent PM is appointed who calls for fresh elections in 12 months

6. Mahendra Chaudhry is appointed as Interim PM

7. Peceli Kinivuwai is named as Interim PM

The Appeals Court of Fiji is not unexpected given the precedent that was set in Chandarika Prasad case that allowed a return to Parliamentary rule in 2000. As such, the planners in the IG would have sufficient time to work out their options.

Its time for likes of Aiyaz Khaiyum/Shaista Shameem to earn their dollar.....Tip to Aiyaz, have a read of the 7 options above.

Legal Desk