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. He questioned whether this action constituted an overreach of power, suggesting that it undermines the authority vested in the President by the Fijian Constitution.
Sayed-Khaiyum described the situation surrounding Dr. Nakarawa as a “constitutional debacle,” highlighting that under Section 130 (4) of the Fijian Constitution, the President is responsible for appointing the Commissioner of Fiji Corrections Service (FCS) based on the advice of the Constitutional Offices Commission (COC) and consultations with the relevant minister. He asserted that any disciplinary actions, like suspension or leave, should be handled by the President, not the minister. He expressed concern that Minister Turaga, possibly with the Prime Minister’s agreement as COC chair, has overlooked constitutional provisions and prioritized a subordinate law—the Fiji Corrections Service Act—over the Constitution.
Sayed-Khaiyum pointed out that using section 22 (1) of the Act to take action against Dr. Nakarawa is inappropriate, asserting it undermines the COC process and encroaches upon presidential authority. He urged the Prime Minister to uphold the Constitution and restore public confidence by ensuring proper legal procedures are followed.
Echoing his sentiments, Opposition MP and shadow justice minister Ketan Lal criticized the government’s handling of the situation, emphasizing the lack of transparency regarding the reasons for Dr. Nakarawa’s sidelining. Lal raised issues about the government’s inconsistent approach to accountability, questioning why other ministers under investigation were not similarly placed on leave. He called for clarity and accountability from the government on this matter.
As the public awaits responses from Prime Minister Rabuka and the office of the President regarding this controversial decision, the events highlight the ongoing dialogue about constitutional governance and institutional integrity in Fiji.
This situation, while complicated, presents an opportunity for the government to reaffirm its commitment to rule of law and transparency. Upholding constitutional processes can strengthen public trust and ensure that all actions taken by officials are transparent and justifiable, benefiting the governance landscape in Fiji.
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