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“Khaiyum’s Animal Farm continues, post election” (4/1/2023)

04/01/2023

Despite losing the 2022 Elections which were tightly managed by Khaiyum’s own stooges, according to his own electoral rules (including one national constituency with 5% thresholds and anonymous ballot papers), a pliant Supervisor of Elections, a pliant FICAC and pliant judiciary plunging their daggers into the hearts of Opposition candidates, Khaiyum contemptuously continues the nightmare that he has visited on Fiji for the last decade or more, through his bull-shit 2013 Constitution.

It is a tragedy that Rabuka and the Opposition Parties are having to work within it in the meantime until their long term judicial review takes place.

Of course, there may be short-term Machiavellian gains for the Coalition Government to use Khaiyum’s own rules against him (“hoist him by his own petard” or poetic justice) as the Speaker is currently doing by disqualifying Khaiyum as MP for accepting appointment and taking part in the meeting of the Constitutional Offices Commission.

But Fiji’s long term nightmare will not end until that 2013 “Constitution” is consigned to the dustbins of history and Fiji society reverts to genuine law and order under the 1997 Constitution, the only legitimate one currently.

Note that the smart collaborators in Fiji’s nightmare over the last sixteen years have long gone from centre stage, and will soon be joined by the Master Puppeteer (Bainimarama’s smart kaida,  who has seen the writing on the wall despite the bluster that he gets his Puppet to mouth.

But sadly, large segments of the population, especially the masses of Indo-Fijians who voted for Bainimarama and Khaiyum, will not be able to avoid the nightmare recurring for them into the future as their share of the voting population continues to shrink and they become increasingly irrelevant in future elections.

“What you sow you shall reap”.

Puppet and puppeteer: the FBC news item

A recent FBC news item (2 January 2023) demonstrates so clearly that Bainimarama is reading an aggressive truculent speech prepared by his Master Puppeteer. According to the FBC news, Opposition Leader Voreqe Bainimarama warned Prime Minister Sitiveni Rabuka and his ministers

 “that the 2013 constitution, in essence, envisages and sets out processes that ensures, that despite the change of government, all its provisions must be adhered to….. Bainimarama highlighted that since the implementation of the 2013 Constitution the Fiji First Government adhered both in spirit and practice to [its] every single provision.”

This is in no way Bainimarama’s own language but that of his Puppet Master. Especially when one can see the blatant legal lies implied by the words.

The conveniently forgotten facts

The Puppet Master (Khaiyum) who wrote Bainimarama’s speech, “forgot” to mention a few crucial legal facts:

(a) the 2009 Court of Appeal, the last legal judgement on Fiji’s constitution, had ruled that the 2006 coup and all alleged decisions by the President Iloilo justifying the 2006 coup were illegal, null and void; just as was the previous decision by Justices Gates, Pathik, and Byrnes.

(b) therefore the 1997 Constitution was still in existence in 2009;

(c) therefore the pieces of paper referred to as the “2013 Constitution” was simply imposed on Fiji by an illegal military Bainimarama Government set up after the treasonous and illegal 2006 coup.

(d) that the “2013 Constitution” was allegedly “signed into law” by the illegal President Epeli Nailatikau who had no authority to approve any constitution for Fiji.

(e) that the 2013 pieces of paper were not a legitimate “constitution” but illegal rules designed by Khaiyum to control all Fiji according to their own wishes.

Khaiyum’s cynical “constitution

The evil cynical nature of Khaiyum’s formulation of the alleged 2013 Constitution may be seen from the fact that

(a) it was never approved by any Parliament or Referendum, BUT

(b) any change to it requires THREE QUARTERS of the elected Parliament AND

(c) THREE QUARTERS of a full national referendum.

How on earth can any reputable constitution expert demand conditions for changes in a constitution which were never required for its approval in the first place.

What a joke Khaiyum played on Fiji and got away with it with the help of the Bainimarama, the Military Council and evil collaborators like Ratu Epeli Nailatikau and an unknown army of lawyers behind the scenes, including a Solicitor General who was eventually also sent packing.

It is abundantly clear that the Coalition Government must not waste any time or energy in talking about reforming the 2013 “Constitution”  but chuck it out in its entirety, including all the pathetic immunity clauses that were never approved by any Parliament, unlike he immunity provisions of the 1997 Constitution unanimously approved by both Houses of Parliament.

What rules and principles?

How utterly pathetic that puppet Bainimarama is demanding that Rabuka and his Ministers must follow the 2013 Constitution.

How pathetic to allege that is that “since the implementation of the 2013 Constitution” his Government has followed all its rules.

What utter drivel.

Since when does a constitution “come into being” or derive legitimacy by being “implemented”, and that by the very people who wrote that illegal treasonous document.

Bainimarama (or Khaiyum) has the utter cheek to say that since the 24th December “they have seen indirect and direct assault on the very essence, values, and principles on which the 2013 constitution was formulated”.

What utter drivel by Puppet Master Aiyaz Khaiyum. 

What “values and principles” did Khaiyum and his stooges follow in formulating that 2013 document? 

Create it in utter secrecy with unknown authors? 

Without an iota of public consultation?

Without any parliamentary approval?

Without any referendum?

A “constitution” that allegedly provides immunity for any number of crimes which are now all emerging as emboldened citizens come forth.

A “constitution” which treasonously replaced a lawful 1997 Constitution?

What of the long list of crimes committed by Bainimarama and Khaiyum?

There is a long list of sordid crimes that are going to be revealed in due course as the Coalition investigations get into gear, as they must.

First, let us not forget the five CRW soldiers who after the 2000 mutiny were taken from police custody by the military soldiers under Bainimarama’s command and brutally tortured to death, as documented by Magistrate Ajmal Khan.   That heinous crime, which was being investigated by Police Commissioner Andrew Hughes (Australian citizen) who was forced to flee to Australia with his family, will not go away under international laws of basic human right to life, however long Bainimarama stays in public office and sucks more taxpayer funds.

What of the 2006 treason justified by the 2013 “Constitution”: that it was perfectly legitimate for a Commander of the RFMF to illegally and treasonously remove the lawfully elected Government of Laisenia Qarase, alleging corruption that was never proven?

That it was OK to brutalize the former Prime Minister and others as documented in the late Prime Minister Qarase’s autobiography (Prisoner 302)?

That it was acceptable to summarily dismiss from public service so many decent hard-working and honest citizens, some of whom have been listed in today’s Fiji Times (4/1/2023) by Anare Jale

[My apologies to Anare Jale: I had written “Jale Baba” before I was corrected by a reader): such as

– Anare Jale himself (corrected from “Jale Baba” I had written earlier)

– Police Commissioner Andrew Hughes

– Stuart Huggett (PSC Chairman)

– Nainendra Nand (Solicitor General)

– Mary Chapman (parliamentary secretary general)

– Moses Driver (Acting Police Commissioner)

– Kevueli Bulamainavalu (Assistance Police Commissioner)

What of the many other CEOs who were sent packing and “new Permanent Secretaries” appointed.

What of many others such as Jaganath Sami and many others who were unfairly removed from their positions in the sugar industry.

And what of others (like a certain Professor of Economics) who was forced to resign from USP because a puppet Vice Chancellor alleged that Bainimarama and Khaiyum told him (full evidence of meeting available) that they would not pay $20 million owed to USP unless they got rid of this Professor who was publicly criticizing their policies on Public Debt and the FNPF?

What of the illegal reduction of FNPF pensions which were already signed as contracts, and then using illegal military decrees to deny their fundamental human right to have their case heard in court?

What of the massive fraud on the taxpayers of Fiji with illegal uncontrolled and unaudited expenditure of taxpayer funds, creating more than $10 billion of Public Debt which is going to be a nightmare for this Government to pay off?

What of their treasonous declaration that they had “abrogated” the 1997 Constitution.

Which part of the above account do the stooges at FBC (including Riyaz Khaiyum) and Fiji Sun (and owners CJ Patel) do not understand?

Which part of this above account have not been understood by all the dozens of Fiji First MPs who have thrown their lot in with Bainimarama (including Dr Mahendra Reddy, Premila Kumar and my former student Jone Usamate).

Which part of the above account is not understood by hundreds of thousands of voters who still voted for Bainimarama and Khaiyum in the 2022 Elections?

Not vindictiveness but justice

I know that the political leaders who are part of the Coalition Government have pledged that they will not be “vindictive” towards their opponents.   They need not be vindictive.

But all the illegal and evil actions of Bainimarama, Khaiyum,  and all their active supporters between 2000 and 2022, should be given full legal scrutiny under the universal laws of basic human rights and the 1997 Constitution.

All breaches should face the full brunt of the law and justice delivered, with the guilty made to made to pay their dues to society and not just be forgiven in the customary Fijian way- that encourages repeats of the same crimes, just like the immunity provisions granted in the 1997 Constitution.

It is not enough to call for Bainimarama and Khaiyum to apologise to the nation, as my old friend in Parliament, former Secretary General Mary Chapman is kindly calling for. Justice must be done before reconciliation.

Shame on Indo-Fijian voters for FFP

I have previously written about the utter national tragedy that Indo-Fijian organizations (like Arya Samaj, Sananta Dharam, Gujerat Education Society) have refused to publicly condemn the banning from Fiji of the late Professor Brij Lal and his wife Dr Padma Narsey Lal.

They have even failed to condemn the refusal by the Bainimarama/Khaiyum Government for Padma and her family to bring back Brij Lal’s ashes to his home in Tabia, Labasa.

It is a shame and a blot on Fiji’s Indo-Fijians who still voted in mass for Bainimarama and Khaiyum despite their heinous brutality on the girmitiya’s foremost historian.

While Prime Minister Rabuka has magnanimously offered to welcome Padma and Brij Lal’s ashes back to Fiji and to apologise on behalf the nation, I suggest it is not for Rabuka and the nation to apologise but Bainimarama and Khaiyum.  Indeed, they should be prosecuted for denying the basic human right of Padma and Brij to enter Fiji.

But the apology should also come from all of the girmitiya collaborators with Bainimarama and Khaiyum since 2006, who have never spoken up for Brij and Padma, although a small number have spoken up. See here.

Shame on the Collaborators

All Fiji is in the throes of speculating what Khaiyum’s Game Plan has been in getting Bainimarama to nominate him for the Constitutional Offices Commission.

It should be obvious that Khaiyum is making his cunning exit from Fiji’s Parliament, Fiji’s politics and Fiji itself.

Just as many other collaborators have over the years, done their evil deed in Fiji and moved on to cushy jobs in Fiji and abroad.

Fiji must not forget the roles of prominent citizens who since 2006 have helped to bring Fiji to its knees today:

* Dr Shaista Shameem when as Director of Human Rights and Antidiscrimination Commission justified (with James Anthony) the 2006 coup (and implicitly, the treason and brutality against the late Qarase). She is now a Vice Chancellor of University of Fiji, offering employment as a professor in law to a former military man (Aziz) who saw at first hand the brutal demolishing of the human right to life of 5 CRW soldiers and the inner workings of the 2000 coup (through the Evans Board of Inquiry of which he was a member).

* Naz Shameem who illegally chaired the Judicial Services Commission and appointed Justice Anthony Gates as Chief Justice (she is now a well-paid international bureaucrat ironically supposed to protect human rights which she helped demolish in Fiji)

* Chief Justice Anthony Gates who helped destroy the integrity of Fiji’s judiciary with imported pliant Sri Lankan magistrates and judges willing to be Khaiyum’s puppets. He is now pleasantly retired, having done his dirty deeds, including the shonky judgement (Pathik, Gates and Byrnes) which tried to justify the 2006 coup.

* Ashwin Raj who as the most prominent public member of the HRADC justifying the cruel policies of Bainimarama and Khaiyum, never spoke up for the human rights of dozens of citizens whose human rights were trashed and even actively trashed them, like that of Ratu Tim Vesikula. How utterly shameless but not surprising of him to accept the appointment as PS Women and Poverty alleviation in the Bainimarama Government, one month before the 2022 Elections. He never spoke up for the basic human rights of FBS Government Statistician Kemueli Naiqama when he was sacked for revealing facts on poverty by ethnicity. The relevant Minister needs to give him the boot.

They are many others who the Fiji public should now name and shame, although they will no doubt hope that everyone will forgive them and forget their crimes, despite the pain they have cause to decent innocent people.

The Fiji public should read Prisoner 302 the autobiography of the late former Prime Minister Laisenia Qarase for his no-holds-barred expose, from the heart and without rancour, of all the brutalities perpetrated by the collaborators of Bainimarama and Khaiyum on him and senior civil servants.

The Fiji public should also read the list of corporate donors to Fiji First Party to understand how deeply enmeshed for their own profits were Fiji’s business community leaders in the evil machinations of Khaiyum and Bainimarama. (This is the last reading in my Vol. 3 “FFP Donors, Employers and Workers”, p. 483 of Our Struggles for Democracy in Fiji).

You can be sure that these immoral business leaders have also made their way to the doors of all the Ministers in the Rabuka Government, so that their past gains and future gains are protected.

Fiji’s battles have just begun

To any outside, the situation in Fiji is still precarious despite Rabuka and the Coalition winning the 2006 Elections.

Not only was the margin of victory small and tenuous as million dollar bribes were offered to SODELPA MPs to break ranks, but  Bainimarama and Khaiyum have publicly appealed to their faithful appointees to remain in position and not resign as requested by Bainimarama, Tikoduadua and other new Ministers in the Coalition Government.

Is this a “seditious” call given that it is the right of all new lawful (I emphasize “lawful”) governments to appoint their top civil servants?

While many senior citizens are now joyfully coming out of the woodwork to offer their services to the new Rabuka Government now that the tough Election 2022 battle has been won, more need to discover their ethics and morals, and come out and cement this victory if the last 16 years of nightmare imposed by Khaiyum and Bainimarama is to be banished from Fiji forever.

That cannot be taken for granted, until the 2013 “Constitution” is thrown into the bins of history.

I suspect that the pieces of paper the 2013 “Constitution” is printed on might be too smooth to even use as toilet paper, just like the smooth expensive paper used for the hundreds of thousands of copies of John Samy’s Peoples’ Charter.

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