Former Attorney-General Aiyaz Sayed-Khaiyum has criticized Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, labeling it a significant constitutional issue. Sayed-Khaiyum, who previously served as Justice Minister in the Bainimarama administration, pointed out that according to section 130(4) of the Fijian Constitution, the appointment of the Commissioner is made by the President based on recommendations from the Constitutional Offices Commission (COC), after consulting the relevant Minister.
He emphasized that complaints against the Commissioner should be addressed by the COC rather than through unilateral decisions by other authorities. Sayed-Khaiyum argued that any action regarding the Commissioner, such as termination or suspension, falls under the purview of the President, not the Justice Minister. Furthermore, he highlighted that the legal framework established by the Constitution takes precedence over subordinate laws, indicating that Turaga’s actions appear to violate constitutional mandates.
Sayed-Khaiyum expressed concern over the potential overreach of power by the current administration and criticized the lack of legal guidance from the Attorney-General and Solicitor General, both key figures in providing sound legal advice within the government structure. He called for adherence to due process and proper channels in handling complaints against constitutional officers, urging the Prime Minister, who chairs the COC, to intervene and rectify the situation.
He described the current actions as a worrisome trend that undermines the Constitution and questioned the legitimacy of neglecting established processes. The former Attorney-General warned that such practices could damage the government’s credibility and professionalism.
In light of these concerns, it is essential for the government to reaffirm its commitment to the rule of law and constitutional governance. This incident serves as a reminder of the importance of transparent and responsible governance in maintaining public trust and institutional integrity.
Overall, the hope is that positive actions will be taken to address these missteps, fostering a renewed emphasis on respect for the rule of law and effective governance.
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