The Fiji Law Society is calling for the immediate resignation of Acting Director of Public Prosecutions, John Rabuku, to show respect for the law and the courts in Fiji.
In a statement, Fiji Law Society President Wylie Clarke highlighted that the Supreme Court of Fiji delivered a unanimous opinion last Friday on a reference from the Cabinet under Section 91 of the Constitution. Clarke noted that such instances, where the Cabinet seeks guidance from the Supreme Court on a legal matter, are rare.
Clarke emphasized that this case underlines the respect even the most powerful individuals in the country must show towards the Supreme Court’s expertise on legal matters. He stated that the Supreme Court ruled Rabuku disqualified from his appointment as Acting Director of Public Prosecutions under the Constitution.
The Fiji Law Society expressed deep concern that Rabuku remains in office despite the Supreme Court’s clear decision. Clarke cited statements from Rabuku, who was quoted in one of the daily newspapers as saying that he will not resign and will await formal communication from the Cabinet or the Judicial Service Commission.
Clarke stressed that in a society governed by the rule of law, everyone must adhere to it. High public officials like Rabuku, who are legally qualified and central to the administration of justice, have an even greater duty to obey the law and not attempt to circumvent it. He added that it is unacceptable for Rabuku to rely on official processes to avoid fulfilling his clear duty to obey the law and step down.
The Fiji Law Society, according to Clarke, holds no animosity against Rabuku and bears him no ill will, similar to the case with Justice Alipate Qetaki, whose appointment was ruled lawful by the Supreme Court. The Society’s sole interest is ensuring that Rabuku, like everyone else in Fiji, honors and complies with the law.