Chandrika Prasad, the farmer who took the abrogation of the 1997 Constitution to court, marked the first time an ordinary citizen stood up to those in authority who were abusing their power, says Professor Shaista Shameem.
She was the Fiji Human Rights Commission director in 2000 and assisted the late Mr Prasad in winning his case.
Prof Shameem said it was the most important constitutional case in the history of Fiji, and probably for other jurisdictions as well.
“It was the first time ever that an ordinary citizen had been able to face up to those who had dared to abrogate the Fijian Constitution and challenge the removal of a people’s constitution from the perspective of human rights,” she said.
“This case was a lesson to those abusing their power throughout the world that, sometimes, an ordinary citizen, like Mr Prasad, is able to turn back the tide of despotism.
“The reason Mr Prasad focused on the so-called abrogation of the 1997 Constitution was because, as he told the court, his rights as a citizen of Fiji were protected by the Constitution and by abrogating it those who did so were violating his right as a citizen to live in peace in his own community as he became a victim of ethnic violence without recourse.
“I believe the message would remain the same for any others wanting to destabilise democracy and the decision of citizens to put in place a specific document which would bind the State to respect the rights of individuals and communities.
“A constitution is a negotiated document between the citizenry and the State on the rights and duties of both State and people and is regarded as sacrosanct in constitutional law. To mess with it by disrespecting this symbiotic relationship does not do anyone any good.” Professor Shameem said she was sad to hear Mr Prasad had died.
“I was pleased he had gone to New Zealand as he would have been safe there. By taking his case to court, he faced a lot of threats which we tried to protect him from.
“All students of constitutional law should read the two Prasad decisions in the High Court and the Court of Appeal.
“By reading these cases, which are publicly available, we will learn so much about our country, about law and, most of all, about leadership and humility.”
Mr Prasad died in New Zeland two weeks ago, aged 87.
