Former Attorney-General Aiyaz Sayed-Khaiyum has raised concerns regarding Justice Minister Siromi Turaga’s decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, questioning whether this move infringes on the powers of the President. Sayed-Khaiyum’s remarks come in the wake of mounting criticism directed at the Government, which is accused of undermining the 2013 Constitution.
Labeling the situation a “constitutional debacle,” Sayed-Khaiyum referred to Section 130 (4) of the Fijian Constitution, which stipulates that the President appoints the Commissioner of Fiji Corrections Service (FCS) based on advice from the Constitutional Offices Commission (COC) after consulting with the relevant minister. He emphasized that any disciplinary actions against a constitutionally appointed officer must be initiated by the President.
He expressed concerns that Minister Turaga, apparently with the Prime Minister’s agreement as COC chair, has bypassed constitutional procedures in favor of a subordinate law—the Fiji Corrections Service Act. According to Sayed-Khaiyum, using this Act for disciplinary matters regarding a constitutionally appointed officer is misguided and undermines due process, while also erroneously infringing upon the COC’s authority.
Sayed-Khaiyum challenged Prime Minister Rabuka’s approval of this approach and questioned the roles of the Attorney-General and Solicitor-General in the situation. He suggested that if credible complaints existed regarding Dr. Nakarawa, the matter should have been brought to the COC secretariat.
Opposition MP and shadow justice minister Ketan Lal echoed Sayed-Khaiyum’s sentiments, denouncing the lack of transparency and consistency in the decision-making process. He argued that the abrupt sidelining of Dr. Nakarawa, without clarifying the allegations against him, erodes public trust in the Government and its institutions.
Both Sayed-Khaiyum and Lal have called for accountability and clarity from the Government, as questions surrounding the decision have been addressed to Prime Minister Rabuka and the Office of the President.
In summary, the situation surrounding Dr. Nakarawa’s forced leave has instigated a constitutional debate, highlighting issues of ministerial authority and accountability within the Fijian Government. While challenges exist, there is an opportunity for the Prime Minister and the Cabinet to reaffirm their commitment to upholding the Constitution, which could restore public trust and confidence in Fiji’s governing bodies. It is crucial for the Government to act transparently and responsibly, demonstrating its dedication to the rule of law and democratic principles.
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