The former Attorney-General has criticized Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, calling it a significant constitutional misstep. In a social media statement, Sayed-Khaiyum, who previously held the role of Justice Minister under the Bainimarama Government, outlined his concerns regarding the legal and constitutional implications of this action.
According to Sayed-Khaiyum, the Fijian Constitution stipulates that the Corrections Commissioner is appointed by the President based on the recommendations of the Constitutional Offices Commission (COC), following consultation with the relevant minister. He emphasized that complaints against the commissioner should only be handled through the formal procedures set by the COC, asserting that any disciplinary measures, such as termination or suspension, should originate from the President, not the Justice Minister.
Sayed-Khaiyum pointed out what he described as a violation of constitutional processes, suggesting that Minister Turaga’s actions appeared to prioritize subordinate regulations over constitutional law. He argued that section 22(1) of the Fiji Corrections Service Act is not intended for disciplining constitutional officers, as constitutional provisions take precedence over other laws.
He further questioned the rationale behind the COC Chair, presumably the Prime Minister, supporting this legally questionable decision, and raised concerns over the involvement of the Attorney-General and the Solicitor General in this matter. He stressed that they are responsible for providing impartial legal counsel to the Prime Minister and Cabinet members, as well as ensuring adherence to the law.
In closing, Sayed-Khaiyum stated that Turaga’s actions, which he deemed unnecessary drama, undermined the constitutional framework and could have been avoided through proper channels. He urged the Prime Minister to act swiftly to rectify the situation and restore respect for constitutional processes, warning that ongoing disregard for legal norms could tarnish the government’s image and operations.
This situation highlights the importance of upholding constitutional integrity in government operations. Maintaining a clear and consistent adherence to legal processes not only reinforces the rule of law but also fosters public trust in governmental institutions. As the Prime Minister contemplates a corrective course of action, there remains hope that this moment could serve as a pivot towards a more structured and respectful approach to governance in Fiji.
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