The former Attorney-General has criticized Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, labeling it as yet another misstep concerning Fijian constitutional law. Sayed-Khaiyum, who held the role of Justice Minister during the Bainimarama administration, pointed out that under section 130(4) of the Fijian Constitution, the President appoints the Commissioner of the Fiji Corrections Service based on the advice from the Constitutional Offices Commission (COC) after consulting with the relevant minister.
He emphasized that legitimate complaints against the Fiji Corrections Service (CFCS) should be addressed by the COC as the constitutional body responsible for such matters, not through a subordinate law such as the Fiji Corrections Service Act. Sayed-Khaiyum further asserted that sending the Commissioner on leave disregards due process and undermines the powers that rightfully belong to the President.
He expressed confusion regarding the decision-making process that led to this action, questioning the absence of legal counsel from the Attorney-General and the Solicitor General, who are supposed to provide impartial legal advice within the COC structure.
Sayed-Khaiyum contended that the Prime Minister, as COC Chair, has the opportunity to rectify this situation before it escalates further. He warned that the ongoing disregard for constitutional protocols risks projecting an image of governmental inefficiency and can have severe implications for public trust in the legislative framework.
This incident highlights the importance of adhering to constitutional procedures, which is crucial for maintaining operational integrity within the Fijian legal system. It serves as a reminder of the need for transparency and accountability in public office—qualities that can restore confidence in governance and bolster the democratic processes within the nation.
In summary, the remarks from Sayed-Khaiyum reiterate that adherence to constitutional guidelines is essential for proper governance, encouraging a more careful approach to handling complaints and disciplinary actions against constitutional officers. This provides a hopeful outlook for the possibility of better governance practices moving forward.
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