Larvatus Prodeo

In December 2006, military strongman Voreqe Bainimarama overthrew the elected government of Fiji in a military coup. The military claimed to be acting to protect the constitution from Prime Minister Laisenia Qarase, who it accused of creating instability. Today, the Court of Appeal called bullshit on that:

Fiji’s Court of Appeal has declared that the removal of Laisenia Qarase and his ministers from government in a military takeover in December 2006 was unlawful, and has ruled it lawful for the President to appoint a caretaker Prime Minister to issue a writs for general elections.

However, it has ruled against the argument by Qarase’s lawyers that he be reinstated and that he advise the President to dissolve Parliament and call fresh elections, given the length of time since Qarase’s removal.

A scan of the judgement is here [PDF].

The government has been granted leave to appeal, but they haven’t been granted a stay – meaning that the President will have to act before the case is finally resolved. It’s a solid victory for the constitution and the rule of law, and a poke in the eye for the military thugs. The decision was carried live on national TV, so everyone in the country knows their regime is illegal. The question now is what they will do about it: go back to their barracks, and let the people decide – or end any pretence of legality and conduct a second coup, this time against the courts.