The Fiji Law Society is calling for the immediate resignation of Acting Director of Public Prosecutions, John Rabuku, to show his respect for Fiji’s laws and court system.
FLS President Wylie Clarke referenced a recent Supreme Court ruling from last Friday, which provided a unanimous opinion on a case referred by the Cabinet under Section 91 of the Constitution.
Clarke highlighted that such cases are rare and emphasize that even the most powerful individuals seek the Supreme Court’s expertise on legal interpretations.
The Supreme Court found that Rabuku was not qualified to hold the position of Acting Director of Public Prosecutions under the Constitution. This decision has led to significant concern within the Fiji Law Society regarding Rabuku’s continued presence in office.
Statements in the Fiji Sun attributed to Rabuku indicate his refusal to resign, stating he will wait for formal communication from the Cabinet or Judicial Service Commission.
Clarke emphasized that in a society governed by the rule of law, everyone must comply, especially high-ranking officials like Rabuku, whose role is crucial to justice administration. Clarke insisted that Rabuku has a higher duty to obey the law and should not frustrate it by awaiting an official process. He must recognize his duty and take immediate steps to leave office.
Clarke clarified that the Fiji Law Society holds no animosity toward Rabuku, similar to their stance with Justice Alipate Qetaki, whose appointment was upheld by the Supreme Court. The Society’s sole interest is to ensure that Rabuku, like all citizens, honors and complies with the law.