A former Attorney-General is criticizing the recent decision by Justice Minister Siromi Turaga to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, arguing that it represents a significant failure to adhere to constitutional guidelines. In a social media post, Sayed-Khaiyum, who previously served as Justice Minister under the Bainimarama administration, highlighted that the Fijian Constitution stipulates that the Commissioner of the Fiji Corrections Service is appointed by the President based on advice from the Constitutional Offices Commission (COC), which also requires consultation with the responsible Minister.
Sayed-Khaiyum emphasized that any complaints about the Fiji Corrections Service should be addressed by the COC, not through executive action by the Justice Minister. He argued that the Justice Minister’s decision appears to undermine the established constitutional framework and encroaches upon the President’s authority. Such actions, he claims, risk disregarding due process and could potentially create confusion around the responsibilities and powers of Constitutional officers.
Further, he raised questions about the involvement of the Attorney-General and the Solicitor General, who are tasked with providing legal guidance to the government and ensuring adherence to legal protocols. Sayed-Khaiyum urged that any credible complaints should have been formally referred to the COC for proper investigation rather than dealt with through informal measures.
He expressed concern that the government’s approach signifies a lack of respect for constitutional principles, sending negative signals regarding its professionalism and competence. Sayed-Khaiyum called on the Prime Minister, in his role as the COC Chair, to take immediate action to correct the situation.
This situation illustrates the vital importance of adhering to constitutional processes in governance, as it not only preserves the integrity of the legal system but also protects the institutions that underpin democracy. The government has the opportunity to reaffirm its commitment to due process and constitutional law, which can foster public trust and confidence in public institutions moving forward.
In summary, the controversy surrounding the suspension of Commissioner Nakarawa raises crucial questions about governance and adherence to the rule of law, calling for the government to rectify its approach and uphold constitutional integrity.
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