The Fiji Law Society has urged acting Director of Public Prosecutions, John Rabuku, to step down immediately.
FLS President Wylie Clarke stated that Rabuku needs to show respect for Fiji’s laws and the courts established under those laws.
“On June 28, 2024, the Supreme Court of Fiji delivered a unanimous opinion on a reference from the Cabinet under section 91 of the Constitution,” Clarke said.
“Such cases are rare, as it involves the country’s Cabinet seeking the Supreme Court’s guidance on a legal matter. This situation serves as a reminder that even the nation’s most powerful individuals respect and defer to the Supreme Court’s expertise on the governance rules.
“The Supreme Court ruled that Mr. Rabuku was disqualified from his appointment as acting Director of Public Prosecutions under the Constitution.”
Clarke expressed deep concern that despite the Supreme Court’s clear opinion, Rabuku remains in office, having publicly stated that he would not resign until instructed by the Judicial Services Commission.
“In a society governed by the rule of law, everyone must adhere to it.
“High public officials like Mr. Rabuku, who are legally qualified and whose roles are central to the administration of justice, have an elevated duty to comply with the law and not obstruct it.
“It is unacceptable for him to rely on some official process to avoid fulfilling his obvious duty to obey the law.
“He must understand his duty and should take the necessary steps to vacate his position immediately.”