Fiji COI Findings Shift Responsibility to Constitutional Authorities

The Judicial Services Commission has dismissed remarks by Justice David Ashton-Lewis about how to implement the Commission of Inquiry’s findings, confirming that his authority ended with the inquiry’s final report. Describing Justice Ashton-Lewis as functus officio, the JSC said he no longer has the power to pronounce on, interpret, or direct how the recommendations should be treated or acted upon.

The JSC condemned the former commissioner’s suggestion that urgent action be taken, including the removal of Chief Justice Salesi Temo, as unwarranted and inappropriate. It reiterated its full confidence in the Chief Justice’s integrity and leadership and stressed that constitutional processes must be respected and safeguarded.

Responsibility for acting on the COI’s findings now lies with constitutional authorities, notably the President in consultation with the Prime Minister, rather than individuals who no longer hold office. The Commission also confirmed it is seeking further legal advice on the recommendations and will take appropriate action in due course. The JSC made clear it will not entertain further commentary from former officials on the matter.

This development occurs amid a wider climate of debate around the COI, judicial independence, and governance reforms in Fiji. The COI’s findings have spurred discussions about accountability and the role of legal institutions in addressing alleged misconduct, with the Fiji Law Society among those calling for greater accountability and, in some cases, disciplinary action or resignation for judges implicated in the inquiry. Observers note the importance of handling the case through due process and constitutional channels to preserve public trust in the judiciary and the rule of law.

What this means going forward:
– The President and other constitutional actors will determine next steps in accordance with the Constitution and applicable law.
– The COI’s recommendations will be considered within proper legal and institutional frameworks, with due process for those involved.
– The ongoing debate about judicial independence and accountability is likely to shape potential reforms and governance measures in Fiji.

A hopeful note: while tensions persist, the emphasis on constitutional procedures, due process, and separation of powers offers a path toward transparency and reforms that can strengthen public confidence in Fiji’s institutions and the rule of law.