Former Attorney-General Aiyaz Sayed-Khaiyum has raised concerns about whether Justice Minister Siromi Turaga overstepped his authority by placing Corrections Commissioner Dr. Jalesi Nakarawa on leave. This commentary comes amidst increasing criticism of the government over actions that may contravene the 2013 Constitution.
Sayed-Khaiyum described the situation involving Dr. Nakarawa as a “constitutional debacle.” He noted that according to Section 130 (4) of the Fijian Constitution, the appointment of the Commissioner of Fiji Corrections Service is made by the President based on advice from the Constitutional Offices Commission (COC) after consultation with the relevant minister. Therefore, he argues that any suspension or leave should fall under the President’s jurisdiction.
He further expressed concerns that Minister Turaga, possibly with the Prime Minister’s agreement, has disregarded constitutional authority in favor of a subordinate legal framework—the Fiji Corrections Service Act. Sayed-Khaiyum emphasized that Section 22 (1) of this Act is not intended for disciplining a constitutionally appointed officer, pointing out the legal flaws in the minister’s announcement and its implications for the COC’s process.
In addition, Sayed-Khaiyum questioned Prime Minister Rabuka’s role as COC chair in this decision and expressed uncertainty about the positions of the current Attorney-General and Solicitor-General. He suggested that if legitimate complaints against Dr. Nakarawa had been made, they should have been referred to the COC secretariat.
Sayed-Khaiyum urged the Prime Minister to uphold the Constitution, maintain the integrity of the office of the President, and restore public confidence among Fijians and international partners. He cautioned that issuing directives without lawful authority constitutes an abuse of power.
These sentiments were echoed by Opposition MP and shadow justice minister Ketan Lal, who expressed that the decision to sideline Dr. Nakarawa lacked transparency and could erode public trust in government and State institutions. He highlighted a troubling inconsistency in how accountability measures are applied, especially concerning other officials under investigation.
Lal emphasized that the people of Fiji deserve clarity and accountability regarding this matter. Inquiries regarding the decision have been directed to Prime Minister Rabuka and the office of the President for further clarification.
This incident offers an important opportunity for the government to reaffirm its commitment to transparency and accountability in leadership roles, fostering trust among the public and encouraging adherence to constitutional principles.
In summary, both political figures are advocating for a stricter observance of constitutional provisions to ensure trust and integrity within the Fijian government.
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