Tabuariki v Attorney-General [1993] FijiLawRp 31; [1993] 39 FLR 51 (31 March 1993)

[1993] 39 FLR 51

HIGH COURT OF FIJI

Civil Jurisdiction

TEKAIE TABUARIKI & OTHERS

v

ATTORNEY-GENERAL & OTHERS

Fatiaki J

31 March 1993

Local Government - Rabi Island Council of Leaders - whether validly dissolved - Dissolution of the Rabi Island Council of Leaders Decree 16/1992.

The Applicants challenged the legality of the 1992 Decree. The High Court HELD: (a) the President had the power to enact the Dissolution Decree even though there was at the time no Parliament (b) the President's action was non justiciable and was not subject to the rules of natural justice (c) the dissolution was reasonably necessary.

Cases cited:

Afasio Mua & Seven Others v DPP (Civ. Action 370 of 1988)
Ayr Collieries Ltd. v Lloyd-George [1943] 2 All ER 546
Burmah Oil Co. Ltd v Lord Advocate [1965] AC 75
CCSU v Minister for the Civil Service [1985] 1 AC 374
Durayappah v Fernando [1967] 1 AC 337
Laker Airways v Department of Trade [1977] 1 QB 643
Ningkan v Government of Malaysia [1970] AC 381
Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997
Sabally v N'Jie and Attorney-General [1965] 1 QB 273

Action for declaratory Judgment in the High Court.

T. Fa for the Plaintiffs
G.E. Leung for the Respondents

Fatiaki J:

In the substantive action the plaintiffs who are elected representatives of the Rabi Council of Leaders seek to challenge the legality of Decree No. 16 of 1992 made on the 26th day of February 1992.

The decree which is entitled the Dissolution of the Rabi Island Council of Leaders Decree 1992 (hereafter referred to as the Dissolution Decree) dissolved the Rabi Island Council of Leaders and appointed in its place 3 interim administrators to administer the affairs of the Rabi Island Council pending the findings of a committee of inquiry appointed to investigate the affairs of the Council.

The Dissolution decree also sets out in broad terms in its preamble the circumstances that gave rise to and the intention and purposes behind its making. In particular the 4th and 6th preambles read respectively:

"WHEREAS the present Council has been prevented from exercising its functions and powers through administrative difficulties as well as amidst allegations of abuse of office;

AND WHEREAS it is deemed expedient to move quickly to resolve the present crisis of the Council; to avoid lawlessness and illegal activities on the island of Rabi and thereby ensure that normalcy orderliness and good government return to the Banaban Community".