The former Attorney-General has criticized the recent decision by Justice Minister Siromi Turaga to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, describing it as a significant constitutional misstep. In a social media statement, Sayed-Khaiyum, who has held positions in previous administrations, emphasized that the appointment and disciplinary actions concerning the Commissioner should involve the Constitutional Offices Commission (COC), as outlined in Section 130(4) of the Fijian Constitution.
Sayed-Khaiyum argues that any legitimate complaints against the Commissioner should follow a procedure outlined by the COC, which is the authoritative body for such matters. He stressed that only the President, advised by the COC, has the authority to suspend or terminate a constitutional officer’s position, highlighting that Minister Turaga’s actions may undermine this process and bypass legal protocols.
He pointed out that using the Fiji Corrections Service Act for such disciplinary measures against a constitutionally appointed officer goes against the essence of constitutional law, which should take precedence over subordinate laws. This situation raises concerns not only about adherence to legal processes but also questions the roles of the Attorney-General and the Solicitor General in advising the Cabinet on matters of constitutional importance.
The former Attorney-General called for immediate action from the Prime Minister, who chairs the COC, to rectify what he described as an unnecessary and avoidable situation that could damage the government’s credibility and respect for constitutional processes.
This incident serves as a reminder of the importance of following established legal frameworks to uphold governance standards. The situation, while challenging, presents an opportunity for the government to reaffirm its commitment to constitutional integrity and proper protocol, potentially leading to positive reform in how similar issues are handled in the future.
In summary, the criticism leveled over this announcement underscores the critical need for governmental accountability, adherence to constitutional law, and the importance of due process in addressing complaints against constitutional officers, which can ultimately restore public trust in the system.
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