Former Attorney-General Sayed-Khaiyum has described the decision by Justice Minister Siromi Turaga to place Corrections Commissioner Dr. Jalesi Nakarawa on leave as a troubling constitutional issue. In a social media statement, Sayed-Khaiyum highlighted that according to section 130(4) of the Fijian Constitution, the President, on the advice of the Constitutional Offices Commission (COC), appoints the Commissioner of the Fiji Corrections Service after consulting with the responsible Minister.
He emphasized that any complaints against the Commissioner, as long as they are serious and not frivolous, should be handled by the COC rather than through other channels. Sayed-Khaiyum criticized Turaga’s action, asserting that it not only overlooks constitutional provisions but also favors a subordinate law, namely the Fiji Corrections Service Act, which is not intended for disciplining or investigating constitutional officers.
Further, he argued that a constitutional provision takes precedence over subordinates laws, making Turaga’s announcement legally questionable and jeopardizing due process. Sayed-Khaiyum asserted that the COC is the proper body for addressing complaints against constitutional officers and questioned the lack of legal guidance from the Attorney-General and Solicitor General in this matter.
He described Turaga’s actions as unnecessary drama that undermines the integrity of the Constitution and calls for a more responsible handling of the issue. The Prime Minister, as COC Chair, is urged to intervene and restore proper constitutional procedures to avoid perpetuating negative perceptions of the government’s professionalism and respect for the rule of law.
This situation underscores the importance of upholding constitutional protocols and processes in governance. Ensuring adherence to these principles not only strengthens democratic institutions but also fosters public trust in governmental actions.
In a positive light, there is still an opportunity for the Prime Minister and his Cabinet to correct the course of action. By reaffirming their commitment to constitutional governance and taking steps to engage the COC properly, they can demonstrate the importance of rule of law and accountability, which are vital for the nation’s progress.
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