A former Attorney-General has criticized Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, labeling it as a significant constitutional misstep. In his social media remarks, Sayed-Khaiyum, who previously held the position of Justice Minister in the Bainimarama administration, referenced Section 130(4) of the Fijian Constitution, which states that the Commissioner of Fiji Corrections Service must be appointed by the President based on advice from the Constitutional Offices Commission (COC) after consultation with the responsible Minister.
Sayed-Khaiyum argued that any serious complaints against the Commissioner should be directed to the COC, not handled through subordinate laws like the Fiji Corrections Service Act. He contended that any actions such as termination, suspension, or enforced leave must be managed by the President, who retains the authority to do so.
He further explained that Turaga’s actions suggest an infringement of constitutional procedures, highlighting that they disregard due process and interfere with the COC’s functions. Sayed-Khaiyum emphasized that under the law, the COC should be the first point of contact for complaints against constitutional officers, which Turaga’s approach appears to bypass.
The Attorney-General’s involvement, or lack thereof, raised concerns for Sayed-Khaiyum, who noted that it is the Attorney-General’s duty to offer sound legal counsel to the Prime Minister and the Cabinet without bias. He also pointed to the role of the Solicitor General as vital in providing legal advice to the COC.
In summary, Sayed-Khaiyum deemed Turaga’s actions as unnecessary and detrimental to constitutional governance. He urged the Prime Minister, in his role as COC Chair, to rectify the situation promptly and restore adherence to constitutional principles, cautioning that failing to do so would reflect poorly on the government’s professionalism.
This situation serves as a reminder of the importance of upholding constitutional integrity and due process in governance. By reinforcing these principles, the government can enhance its credibility and ensure that any necessary reforms are conducted transparently and legally, fostering public trust and confidence in the system.
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