Former Attorney-General Aiyaz Sayed-Khaiyum has criticized the recent decision by Justice Minister Siromi Turaga to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, deeming it a significant constitutional misstep. In a social media statement, Sayed-Khaiyum, who previously held the Justice Minister position under the Bainimarama administration, emphasized that the appointment of the Commissioner follows a specific constitutional procedure.
According to Section 130(4) of the Fijian Constitution, the President appoints the Commissioner based on advice from the Constitutional Offices Commission (COC), after consultations with the Justice Minister. Sayed-Khaiyum argues that any legitimate complaints against the Fiji Corrections Service (CFCS) should be addressed through COC, which serves as the proper channel for dealing with constitutional officers.
He pointed out that any actions such as termination or suspension are the responsibility of the President, and not the Justice Minister. He further asserted that the recent actions by Turaga and, presumably with the Prime Minister’s backing as COC Chair, have overstepped constitutional boundaries by prioritizing a subordinate law over the basic law of the land.
Sayed-Khaiyum stressed that the provisions of the Constitution should prevail over the Fiji Corrections Service Act, particularly in matters involving constitutionally appointed officials. He expressed concern that the manner in which this issue is being handled undermines the legal process and may interfere with the constitutional authority of the President. He questioned the involvement of the Attorney-General and Solicitor General in this matter, suggesting that both are expected to provide sound legal counsel free from bias.
He concluded by stating that if credible complaints concerning the CFCS exist, Minister Turaga should have referred them to the COC for due process. Sayed-Khaiyum believes that the Prime Minister must take swift action to rectify this troubling situation, warning that the current lack of adherence to constitutional processes is sending negative signals about the government’s professionalism.
This situation underscores the importance of constitutional governance and processes, highlighting how adherence to the law fosters a stable democratic environment. It serves as a reminder of the need for checks and balances within government actions, ensuring that such discrepancies are addressed properly. Despite the challenges, there exists an opportunity for the Prime Minister and the involved parties to come together, reinforce constitutional integrity, and restore faith in governmental processes.
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