No 3 Post Coup Decrees
Introduction
1. The main features of the Decrees made since our last Post-Coup Legislation Alert dated 26 June 2000 are summarised below. Subsequent events mean that most are of no more than historical interest. Only those Decrees related to political changes are referred to here.
Decree No. 10 : Interim Civilian Government (Establishment) Decree 2000
(Promulgated 4 July 2000)
2. This Decree established an "Interim Civilian Government". Under its provisions, the Commander of the Republic of Fiji Military Forces styled himself the "Head of the Interim Civilian Government" and assumed power to appoint a "Cabinet" of Ministers.
3. The earlier Constitution Abrogation-Interim Military Government and Finance Decree, 2000 (Decree No. 3) had provided for an "Executive Council" with ministerial powers, which was never appointed.
4. On 3rd July 2000, the Commander appointed the following Ministers to his Cabinet:
Prime Minister - Laisenia Qarase
Deputy Prime Minister and Minister for Fijian Affairs - Ratu Epeli Nailatikau
Attorney General and Minister for Justice - Alipate Qetaki
Minister for Finance, National Planning and Public Enterprises - Ratu Jone Kubuabola Minister for Women, Culture and Social Welfare - Paula Sotutu
Minister for Home Affairs and Immigration - Ratu Talemo Ratakele
Minister for Education - Nelson Delailomaloma
Minister for Works and Energy - Joketani Cokanasiga
Minister for Health - Pita Nacuva
Minister for Regional Development and Multiethnic Affairs - Fatiaki Misau
Minister for Tourism, Transport, Communications and Civil Aviation - Jone Koroitamana Minister for Foreign Affairs, External Trade and Sugar - Kaliopate Tavola
Minister for Trade, Commerce, Business Development and Investment - Tomasi Vuetilovoni
Minister for Lands and Mineral Resources - Ratu Josua Toganivalu
Minister for Local Government, Housing & Urban Development - John Teaiwa
Minister for Labour and Industrial Relations - Hector Hatch
Minister for Agriculture, Fisheries, Forests & ALTA - Luke Ratuvuki
Minister for Youth and Sport - Keni Dakuidreketi
The tenure of this Cabinet ended 10 days later with the making of Decree No. 19 (see below).
Decree No. 11: Military Exclusion Zone Decree 2000
(Promulgated 5 July 2000)
Decree No. 13: Military Exclusive Zone (Repeal) Decree 2000
(Promulgated 9 July 2000)
5. Decree No. 11 provided for a military exclusion zone immediately around the Parliamentary complex and gave the Republic of Fiji Military Forces power to exclude persons from the zone and to occupy and take possession of property within the zone. An evacuation order made under the Decree was to have taken effect at midnight on Friday 7 July 2000, but an Army officer later announced that the implementation of the order had been "deferred" in view of renewed negotiations with the Speight group.
6. On 9 July, 2000, on the eve of the signing of the Muanikau Accord, the Commander made Decree No. 13 repealing Decree No. 11.
The Muanikau Accord
7. Late in the evening of Sunday 10 July, 2000, the Commander and George Speight signed an agreement which they called the Muanikau Accord. The Accord required the Commander on or before Thursday 13th July 2000 to promulgate immunity and governmental Decrees in exchange for the release of the hostages and the return of arms.
Decree No. 14 - Native Land Trust Act (Amendment) Decree, 2000
(Promulgated 12 July 2000)
Decree No. 15 - Native Lands (Amendment) Decree, 2000
(Promulgated 12 July 2000)
8. These two related Decrees were made by Commodore Bainimarama on the advice of his Cabinet on 12 July 2000. They are based on two Bills that were introduced to the Parliament by the former SVT Government but which had not been passed by the time of the 1999 General Election (at which the SVT Government was defeated).
9. The Decrees transfer to the Native Land Trust Board (NLTB) the control of certain areas of State (formerly Crown) land -
• which once belonged to extinct native landowning units (Mataqali)
• which was "vacant land" ie the native owners of which could not be found by the Native Lands Commission or
• which had previously been proclaimed or which may in future be proclaimed to be set aside for the use and maintenance of any landowning unit which had or has insufficient land of its own.
The first two categories of the affected land are commonly known as "Crown Schedule A" and "Crown Schedule B" land. Much of it has been leased by the State to private lessees.
10. Until the current leases expire, the Decrees preserve all of their terms (including those implied by the State (Crown) Lands Act). However, as the NLTB takes over the role of landlord from the Director of Lands, all rentals must now be paid directly to the NLTB. Similarly, other rights and obligations of the Director of Lands in respect of the affected land now vest in the NLTB.
11. Lessees of State (Crown) Land should therefore ascertain whether or not their land is affected by the Decrees to ensure that future rentals and any necessary requests for consents are directed to the appropriate office.
12. The Decrees also provide that existing litigation in respect of affected land against or involving the Director of Lands are not affected by the Decrees, except that the NLTB will now step into the Director's shoes.
13. Although the formal alteration of existing agreements and documents (for example, leases and agreements to lease) is not legally necessary, the Decree gives the NLTB the discretion to require formal alteration. Documents which are necessary for this purpose are exempt from stamp duty.
Decree No. 16: Members of Parliament (Ex Gratia) Payment Decree 2000
(Promulgated July 2000)
14. This Decree entitles the President, Vice President, Ministers, the Speaker and Members of Parliament who lost office as a result of the recent events to an ex-gratia payment of six months' salary in full settlement of any future legal claims. This is conditional on signing an "indemnity agreement". Former office holders who are re-appointed to office within six months of the Decree will have their salaries "adjusted".
Decree 17: Immunity (Disciplined Forces) Decree, 2000
(Promulgated 12 July 2000)
Decree 18: Immunity Decree, 2000
(Promulgated 9 July 2000)
15. Decree 17 grants immunity to all involved in the military "takeover" from the President on 29 May 2000 and prohibits the Court from entertaining legal proceedings against the State or any of its representatives in respect of that takeover.
16. Decree No. 18 grants immunity from criminal prosecution and/or civil liability to George Speight and his group for offences in respect of the illegal takeover and as a consequence committed by them (or at their direction) between 19 May and 13 July 2000.
17. The Decree also grants persons who are not directly related to the Speight Group immunity from criminal prosecution (but apparently not from civil liability) for 'political offences' committed during the period. A "political offence" is one "either directly or indirectly prompted and motivated by Speight's attempted illegal takeover on 19 May, 2000".
18. The Decree provides that the State will not be liable to compensate anyone in respect of conduct for which immunity has been granted.
19. 19. As the after-effects of the 19 May events continue and since the terms of Decree are somewhat vague, the Courts will no doubt be wrestling with the meaning of the Decree for some time yet.
Decree No. 19 - Interim Civilian Government) (Transfer of Executive Authority) Decree, 2000
(Promulgated 9 July 2000)
20. This Decree, which was a requirement of the Muanikau Accord, transferred executive authority to a new "Interim Civilian Government" with effect from 13 July, 2000. It provides for -
• new offices of President and Vice President both to be appointed by the Bose Levu Vakaturaga
• the dissolution of the pre-existing Interim Civilian Government appointed by the Commander and its replacement by a new Prime Minister and Cabinet of Ministers appointed by the President in his own judgment
• future laws to be made by the President on the advice of the Cabinet in the form of Decrees
• any other powers vested in the Parliament, the House of Representatives or the Senate to vest in the Cabinet
21. Ratu Josefa Iloilo and Ratu Jope Seniloli were appointed President and Vice President (pursuant to this Decree) on 18 July 2000.
22. Following protracted but ultimately unsuccessful pressure from the Speight group, the President appointed his new Cabinet on 28 July, 2000. Many had been members of the Commander's Interim Civilian Government and none were Speight's proposed members.
The Ministers are:
Prime Minister and Minister for National Reconciliation - Laisenia Qarase
Deputy Prime Minister and Minister for Fijian Affairs - Ratu Epeli Nailatikau
Attorney-General and Minister for Justice - Alipate Qetaki
Minister for Finance and National Planning - Ratu Jone Kubuabola
Minister for Home Affairs and Immigration - Ratu Talemo Ratakele
Minister for Women, Culture and Social Welfare - Ro Teimumu Kepa
Minister for Information and Communications - Ratu Inoke Kubuabola
Minister for Labour and Industrial Relations - Ratu Tevita Momoedonu.
Minister for Commerce, Business Development and Investment - Tomasi Vuetilovoni Minister for Education - Nelson Delailomaloma
Minister for Works and Energy - Joketani Cokanasiga
Minister for Tourism and Transport - Jone Koroitamana
Minister for Public Enterprises and Public Sector Reform - Hector Hatch
Minister for Youth, Employment Opportunities and Sports - Keni Dakuidreketi
Minister for Foreign Affairs, External Trade and Sugar - Kaliopate Tavola
Minister for Health - Pita Nacuva
Minister for Local Government, Housing and Environment - Ratu Tu'uakitau Cokanauto Minister for Agriculture, Fisheries, Forests and ALTA - Apisai Tora
Minister for Regional Development and Multi-Ethnic Affairs - Ilaitia Tuisese
Minister for Lands and Mineral Resources - Mitieli Bulanauca
Assistant Minister for Fijian Affairs - Ratu Suliano Matanitobua
Assistant Minister at the Prime Minister's Office - Adi Finau Tabakaucoro
Assistant Ministers for Women, Culture and Social Welfare - Adi Senimili Dyer and Bernadette Rounds-Ganilau
Assistant Minister for Agriculture, Fisheries and Forests - Marieta Rigamoto
Assistant Minister for Education - Ratu Semi Seruvakula
Assistant Minister for Home Affairs - Ratu Kolinio Rokotuinaceva
Assistant Minister for Regional Development and Multi Ethnic Affairs - George Shiu Raj
Decree No. 20: Appropriation Act (Amendment) Decree, 2000
(Promulgated 27 July 2000)
23. In his first Decree, the new President, on the advice of his new Cabinet, decreed various revisions to the Government's budget for the remainder of the year 2000. To take account of the expected fall in revenue, most ministries suffered cuts of various sizes. The largest reductions are in respect of proposed capital works. The notable exception was the Ministry of Tourism whose $11 million budget received an additional boost of $3.5 million. Total reductions amounted to $109 million from an original budget of $1.2 billion.
24. At the time of the budget, new initiatives to promote indigenous participation in commerce were also announced.