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Last Updated: Friday, 18 July, 2003, 11:31 GMT 12:31 UK
Fiji cabinet ruled 'illegal'

By Phil Mercer
BBC correspondent in Sydney

Fiji's Supreme Court has ruled the nationalist government of Laisenia Qarase must include members of the Indian-dominated opposition.

In a landmark decision judges unanimously said Mr Qarase breached the constitution when he excluded MPs from the Fiji Labour Party from his cabinet after an election almost two years ago.

The court said the situation must be rectified immediately.

It now requires the prime minister to consult with the leader of the Labour Party and select persons from the Labour Party for cabinet appointments
Fiji Chief Justice
Daniel Fatiaki

Mr Qarase has said he will abide by the Supreme Court decision.

He indicated he would now hold talks with the leader of the Fiji Labour Party, Mahendra Chaudhry.

The court ruling was a serious blow to Laisenia Qarase.

His administration has effectively been declared illegal.

The nationalist Prime Minister had said the constitution's power-sharing arrangements - designed to promote multi-party and multi-racial government - would simply lead to unworkable government.

Unconstitutional

In a 60-page judgement, the Supreme Court in the Fijian capital, Suva, decided Mr Qarase's exclusion from cabinet of his political rivals was unconstitutional.

Fiji government soldiers struggle with supporters of rebel leader George Speight in Fiji during the 2000 coup
The coup in 2000 deeply divided the Pacific island along racial lines

The law states that the larger opposition parties must have representation at the top table of government in proportion to how well they do at the polls.

The Fiji Labour Party, for example, is entitled to almost 40% of seats.

The system, clearly flouted by Prime Minister Qarase since an election in 2001, is meant to foster cooperation and racial harmony.

Fuelling tensions?

Instead of inviting Labour into cabinet, Mr Qarase formed a coalition with the Conservative Alliance.

It's a hardline indigenous party closely associated with George Speight.

The failed businessman led an armed coup against Fiji's first ethnic-Indian Prime Minister, Mahendra Chaudhry, three years ago.

Speight is serving a life sentence for treason, while Mr Chaudhry, as leader of the Labour party, is enjoying his victory after this pivotal constitutional showdown.

Some observers fear the Supreme Court's ruling could inflame racial tensions in a volatile nation.


SEE ALSO:
Fiji mutineers jailed
14 Nov 02  |  Asia-Pacific
Fiji uncertainty after uprising
18 May 02  |  Asia-Pacific
Analysis: Speight's day in court
18 Feb 02  |  Asia-Pacific
Who is George Speight?
31 Jan 02  |  Asia-Pacific
Country profile: Fiji
24 May 03  |  Country profiles
Timeline: Fiji
10 Mar 03  |  Country profiles


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