Former Attorney-General Aiyaz Sayed-Khaiyum has raised concerns regarding Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave. He questions whether this action has improperly overridden the powers of the President, amidst growing criticism of the government for actions allegedly undermining the 2013 Constitution.
Sayed-Khaiyum characterized the situation as a “constitutional debacle,” referencing Section 130 (4) of the Fijian Constitution, which notes that the Commissioner of Fiji Corrections Service is appointed by the President with input from the Constitutional Offices Commission (COC). He emphasized that any suspension or termination should be conducted by the President, the appointing authority.
He asserts that Minister Turaga, potentially with the agreement of the Prime Minister as COC chair, has disregarded constitutional provisions in favor of the Fiji Corrections Service Act, which he claims is not appropriate for disciplining a constitutionally appointed officer. Sayed-Khaiyum criticized Turaga’s action as legally unsound and detrimental to due process, suggesting that it has encroached upon the authority of the President.
Moreover, he questioned the rationale behind the Prime Minister’s agreement to this action, as well as the roles of the current Attorney-General and Solicitor-General. If credible complaints existed against Dr. Nakarawa, Sayed-Khaiyum believes the matter should have been directed to the COC secretariat for proper handling.
Echoing these sentiments, Opposition MP and shadow justice minister Ketan Lal expressed concerns over the apparent overreach of ministerial authority. He stated that the abrupt sidelining of Dr. Nakarawa without transparency regarding the allegations weakens public trust in the government and its institutions. Lal further noted the inconsistencies in how accountability is handled, questioning why other ministers under investigation were not similarly put on leave.
As the situation develops, questions have been directed to Prime Minister Rabuka and the office of the President for clarification.
In summary, this situation highlights ongoing tensions regarding the interpretation and enforcement of constitutional powers in Fiji’s governance structure, drawing attention to the need for accountability and adherence to the rule of law.
A hopeful perspective could be that this public discourse may lead to necessary reforms in governance practices, fostering greater transparency and trust in government institutions. It is a critical moment for leadership that may inspire positive changes in how such matters are handled in the future, reinforcing the importance of constitutional adherence.
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