The Attorney General’s Chambers has today advised the Suva High Court that the decision made in December 2015 to give the Fiji Sun all government newspaper advertising for 2016 which is under judicial review, is now moot.
Fiji Times took the matter to court and is challenging the decision through a judicial review.
State lawyer Robyn-Ann Mani told Justice Deepthi Amaratunga that a new advertising declaration has been published in today’s Fiji Sun which states that Fiji Sun has been selected by the Government Tender Board for the publication of government advertisements and government notices for the fiscal year 2016-2017.
The lawyer for Fiji Times, Jon Apted told the judge that if the court decides to dismiss the case, then they should not be paying the costs as the new decision was just made yesterday and no justification has been offered for this.
Apted had earlier made a lengthy submission saying that the decision made in December 2015 to give the Fiji Sun all government newspaper advertising for this year is unlawful and should be quashed.
Apted said the decision made in 2015 is illegal as the Minister for Communications had no legal power to give a waiver of the tender process where the Solicitor General had selected Fiji Sun for the tender.
The Fiji Times lawyer then said in court that the then Permanent Secretary for Communications, Ewan Perrin had given sworn evidence that this had happened.
Robyn-Ann Mani from the AG’s Chambers then said that the decision of the Communications Minister is not subject to the judicial review. Apted responded by saying that they are not challenging the decision of the Minister but are highlighting it as evidence.
He told the court that a proper government tender process should be carried out.
Apted highlighted in court that on 29th August, 2015 the Attorney General called for an expression of interest for the publication of government advertising and notices and all rates will be accessible to government departments and government organisations.
Apted then stated that this would have been understood as applying to advertisements and notices from statutory bodies and companies when they are independent and should not have been covered.
He then said that when Fiji Times sent it’s expression of interest, it was seeking a clarification whether government controls advertising for government companies and statutory bodies.
Apted said that statutory bodies who normally used to advertise with the Fiji Times are not advertising with the newspaper now.
He gave an example saying Fiji Times used to get advertising worth over $700,000 in a year for statutory bodies but it has decreased to $15,000 in the first six months of this year.
Apted also told the court that price and package was the only reason given for the awarding of tender to Fiji Sun.
He says apart from this, Fiji Times was not told what are other requirements that it had not met.
Meanwhile, Robyn-Ann Mani also told the court today that none of the CEOs of the statutory bodies have given evidence in court that they are confused in relation to advertisements.
She said what Apted is saying is hearsay.
Mani also highlighted that the Permanent Secretary for Communications did not give the directive to the government statutory bodies that they are bound by the declaration.
The Judge will give his ruling on Fiji Times’ judicial review case on the 28th of next month.
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