The Fiji Law Society has expressed significant concerns regarding the powers of the Office of the President, particularly in light of recent reports indicating that His Excellency the President has chosen not to act on a recommendation made by the Judicial Services Commission (JSC) regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC).
In an official statement, the Law Society asserted that the President’s role lacks any independent or residual authority and must strictly adhere to the advice and recommendations provided by the appropriate bodies. “The office of the President has no independent or residual power and does not possess independent discretion in such matters,” the Society emphasized.
They further highlighted that the President is not in a position to select alternatives, withhold actions, or negotiate with institutions that are mandated to furnish legally binding recommendations. According to the Constitution and the FICAC Act, the JSC is responsible for making recommendations regarding the appointment, suspension, or dismissal of the Commissioner, a process that includes consultation with the Attorney-General.
The Law Society cautioned that any deviation from this established legal process could jeopardize public confidence in the integrity of Fiji’s institutions and democracy. In particular, they called on the President to act promptly on the JSC’s recommendation to remove Acting Commissioner Lavi Rokoika.
In advocating for the protection of the rule of law, the Fiji Law Society underscored the importance of ensuring that the Office of the President functions within its constitutionally defined parameters, reinforcing the principles of accountability and the sanctity of legal processes in the country’s governance.
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