Human rights lawyer Aman Ravindra-Singh says Prime Minister Voreqe Bainimarama acted beyond his powers with his no jab, no job policy, as announced last week.
He said Mr Bainimarama’s statement that Government was empowered under the Constitution to issue guidelines for civil servants to adhere to was proof he had been given poor legal advice regarding provisions in the 2013 Fijian Constitution which provided guidelines for all civil servants.
Mr Ravindra-Singh said the guidelines were not the law and they could not violate human rights provisions by forcing civil servants and citizens to receive vaccination.
“The Prime Minister is under a firm belief that he can be the judge, jury and executioner on this occasion by issuing a directive, prescribing the penalty and delivering a judgment in one breath, concluding that those civil servants who do not follow these guidelines, which stated August 1 for the first jab and November 1, 2021, for the second jab, will be terminated,” he said.
“Secondly, the Prime Minister is not a tribunal nor is he the Employment Tribunal nor the Public Service Disciplinary Tribunal whereby having the lawful authority to dismiss civil servants.
“The Prime Minister cannot dictate the fate of all civil servants with threats to receive vaccination or be dismissed from work.
“All these tribunals have processes and procedures in place and they must be followed in a strict sense, these processes and procedures cannot be neglected in favour of the Prime Minister’s unlawful directives.”
Mr Ravindra-Singh said Mr Bainimarama’s verbal directive and threats of “no jab, no job” were outside his legal authority and powers.
“In law, we refer to an unlawful act, such as what has transpired with the Prime Minister’s unlawful directive, as an action which is ultra vires, which translates to beyond the powers.
“Ultra vires is an act which requires legal authority or power but is then completed outside of, or without, the requisite authority.
“The 2013 Fiji Constitution does not allow for forced vaccination and the Prime Minister’s directive on this occasion violates the human rights provisions under the Constitution, is unlawful, unconstitutional and outside his legally constituted powers.
“Since Monday, hundreds of civil servants have not reported to work due to this unlawful directive.
“The proper way forward would be for all civil servants to report to work since the Prime Minister’s directive is unlawful and legally invalid.”
Questions sent to Mr Bainimarama and Attorney-General Aiyaz Sayed-Khaiyum regarding Mr Ravindra-Singh’s views remain unanswered.
