Chief Justice Salesi Temo has reminded the public that no court has declared Acting Fiji Independent Commission Against Corruption (FICAC) Commissioner Lavi Rokoika’s appointment unlawful, urging respect for the rule of law as the dispute moves through the appeals process. His remarks come amid widespread public debate over the legality of the appointment and follow an earlier High Court judgment that is now the subject of appeal.
Speaking publicly, Justice Temo said he had observed members of the public expressing firm opinions and making judgments on issues that remain before the judiciary. “What I’m asking the public is to understand the concept of the rule of law and how it works,” he said, adding that public patience was required while judges consider the legal arguments. “It’s the betterment of everybody.”
Justice Temo emphasised the role of the courts in resolving such disputes, urging people to allow judges to hear submissions from all parties and reach decisions based on the law. “That’s what you pay judges for, to look at the issues, consider them carefully, listen to the submissions of the parties and make a decision,” he said, reiterating that the judiciary is bound only by formal court rulings and not by public commentary.
He referred to an earlier High Court ruling by Justice Dane Tuiqereqere and noted that the matter is now progressing to the Court of Appeal. While he did not outline a timetable, the chief justice’s comments make clear the case will be decided on appeal rather than in the court of public opinion. “At the end of the day we are only bound by what the court says. We just ask the public to please be patient,” he said.
The chief justice’s statement follows related moves by the Judicial Services Commission, which previously chose to refrain from public comment while legal proceedings were ongoing. Commission secretary Tomasi Bainivalu had told reporters the JSC would not engage in media debate over the appointment to avoid undermining the administration of justice and to preserve public confidence in the process.
The latest development keeps the dispute over Mr or Ms Rokoika’s appointment in the legal arena. With no court having yet ruled the appointment unlawful, the status of the acting commissioner remains governed by the pending proceedings. The outcome at the Court of Appeal will determine whether the High Court’s earlier findings stand or are overturned, and will settle the legal questions that have fuelled public discussion.
Justice Temo concluded by reiterating that litigation is the appropriate mechanism for resolving such conflicts: “Taking arguments to the court is the best way out for us. It’s a system built to resolve disputes.” The public and interested institutions have been urged to allow the appellate process to run its course.
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