The Fiji Law Society is calling for the immediate resignation of Acting Director of Public Prosecutions, John Rabuku, urging him to demonstrate respect for Fiji’s laws and judicial system.
In a statement issued last Friday, Fiji Law Society (FLS) President Wylie Clarke highlighted that the Supreme Court of Fiji recently delivered a unanimous opinion on a legal query from the Cabinet under Section 91 of the Constitution. Clarke noted the rarity of such an event where the Cabinet seeks guidance from the Supreme Court on a legal matter, underscoring the importance of everyone, including the country’s most powerful figures, deferring to the court’s expertise on legal rules.
The Supreme Court found Rabuku disqualified from serving as Acting Director of Public Prosecutions under the Constitution. Despite this, Rabuku has reportedly stated he will not resign and will await formal communication from either the Cabinet or Judicial Service Commission, a stance that deeply concerns the Fiji Law Society.
In his statement, Clarke emphasized that in a society governed by the rule of law, adherence is mandatory for everyone, especially high public officials like Rabuku, whose role is critical to the justice system. Clarke asserted that it is unacceptable for Rabuku to rely on official procedures to delay fulfilling his legal duty to resign, stressing that Rabuku should immediately take the necessary steps to vacate his position.
Clarke also clarified that the Society harbors no ill will towards Rabuku, similar to their stance on Justice Alipate Qetaki, whose appointment was upheld by the Supreme Court. The Society’s sole interest remains ensuring that Rabuku, like all individuals in Fiji, abides by and respects the law.