The Judicial Services Commission (JSC) has scheduled an important meeting this afternoon, which stems from its recent recommendations to the President concerning the Fiji Independent Commission Against Corruption (FICAC). This meeting highlights the pressing issues facing the commission and the necessity for decisive action.
The Fiji Law Society (FLS) is urging the President to implement the JSC’s recommendations promptly, emphasizing the critical nature of upholding the rule of law, independence of public institutions, and the constitutional processes fundamental to maintaining democracy in Fiji.
In a statement, the FLS articulated its concern over reports that the President may abstain from acting on the JSC’s recommendations unless certain conditions regarding the acting FICAC Commissioner, Lavi Rokoika, are met. The Society cautioned that this could pose significant challenges, as it believes the President is bound to follow the recommendations provided by the JSC without deviation or negotiation.
The FLS stressed that the constitutional framework dictates that the President must execute the functions of his office based solely on the advice received from the appropriate authorities. It underscored that the office of the President does not hold independent powers to withhold action or pursue alternative measures concerning appointments or dismissals within FICAC.
Further reinforcing its stance, the Law Society pointed out that the Constitution and the FICAC Act explicitly assign the JSC the authority to issue legally binding recommendations for the appointment, suspension, or dismissal of the FICAC Commissioner or Acting Commissioner. Any departure from this prescribed legal process could undermine the integrity of institutional frameworks and the democracy that governs Fiji.
The FLS expressed its commitment to continue observing developments and advocating for adherence to constitutional principles for the benefit of all Fijians. This zealous stance reflects a collective effort to safeguard the nation’s democratic values and reinforce the importance of rule by law.
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