Frank Bainimarama and Pio Tikoduadua Photo: AFP and CC BY-SA 4.0
Former Fiji prime minister Frank Bainimarama has come under scrutiny and could be suspended as an MP for making comments targeting the head of state in parliament on Monday.
Bainimarama, who now sits in the opposition, said President Ratu Wiliame Katonivere "who has the executive authority of the state and as the commander-in-chief of the Republic of Fiji Military Forces failed to protect the constitution" as well as provide proper guidance to the military following the 2022 general election.
In his maiden statement as the opposition leader, he said President Katonivere, who had previously agreed to the values of Fiji's supreme law - the 2013 Constitution imposed by Bainimarama himself - had "tragically ignored the mockery" made of constitutional democracy by the new coalition administration led by Sitiveni Rabuka.
"The President has failed to protect the Constitution, the rule of law and failed to halt the resulting chaos that is seriously and rapidly creeping in and the impending disaster that is going to befall our beloved country that will befall upon our people, our economy and our future generations," he said.
The Speaker of the House has confirmed he breached parliamentary privileges.
Ratu Naiqama Lalabalavu said MPs were free to say whatever they want in parliament as long as they were within the rules.
He said after reviewing Bainimarama's comments, he found them to be "out of order" and "a breach of privilege."
He has directed the Privileges Committee to meet on Wednesday to prepare a report which could be tabled in Parliament on Friday.
Home Affairs Minister Pio Tikoduadua labelled the FijiFirst leader's remarks as "treasonous".
Tikoiduadua told media a political figure like Bainimarama should not have made such comments.
He said his behaviour must be dealt with as a matter of privilege, suggesting Bainimarama could end up being referred to the Parliamentary Privileges Committee for an alleged breach of section 62 of the Standing Orders.
"What he said is treasonous. He is treasonous," Tikoduadua said.
"That matter should be referred to the Parliamentary Privileges Committee. Parliament deserves that for its integrity and the people deserve it also. It's irresponsible. No leader should be doing that [comments against President]."
According to the standing orders of the parliament of Fiji, under section 62 concerning "Prohibited references", it states:
"(1) When speaking a member must not impute improper motives to any other member."
"(2) The President's name may not be introduced to influence Parliament or any committee.
"(3) The conduct of members, the President, the Chief Justice (performing the functions of the office of President under section 88 of the Constitution), members of the judiciary, or other persons acting in a judicial capacity must not be raised, except on a motion with notice introduced with the Speaker's permission."
It further states: "In any other situation, reference to the conduct of any of these individuals is out of order."
"It is out of order for a member, when speaking, to use offensive words against Parliament or another member; treasonable words; seditious words; or words that are likely to promote or provoke feelings of ill-will or hostility between communities or ethnic groups within Fiji."
If the former PM is found to have breached the standing order, he is almost certain to face suspension from the House.