The Fiji Law Society has urged the immediate implementation of recommendations set forth by the Judicial Services Commission (JSC) regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC). In a recent media release, the Society expressed concern following reports that His Excellency the President has refrained from acting on these recommendations unless specific conditions regarding Lavi Rokoiika are met.
The Law Society stressed that it does not question the independence of public institutions and recognizes the constitutional processes that uphold democracy in Fiji. It reiterated that the President must operate strictly based on the recommendations presented by the appropriate authorities, highlighting that the President holds no independent or residual powers to make selections or engage in negotiations concerning legal matters.
As Fiji approaches a critical juncture in its constitutional history, the Society called for adherence to legal processes, particularly concerning the appointment and dismissal of the FICAC Commissioner. According to the Constitution and the FICAC Act, such decisions must be made solely by the JSC, with any action taken by the President based on their counsel and after consulting the Attorney-General.
The Society noted that the JSC has clearly recommended the immediate removal of Rokoiika, deeming her appointment unlawful. They urged the President to act on this recommendation without delay, emphasizing the importance of the rule of law, which they regard as essential to society’s integrity.
Senior lawyers Richard Naidu and Graham Leung added their voices to the call for strict adherence to constitutional norms and the rule of law, reinforcing the necessity of following the JSC’s guidance. The situation now hinges on whether the President will comply with the JSC’s advice in line with constitutional requirements, a decision that will be closely monitored by the Law Society and the public alike.
As Fiji navigates these complex legal waters, the outcome could significantly impact public trust in the nation’s institutions, underscoring the importance of upholding the rule of law and maintaining the democratic integrity of its governance structures.
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