Senior lawyers Graham Leung and Richard Naidu have urged the President of Fiji, Ratu Naiqama Lalabalavu, to promptly comply with the Judicial Services Commission (JSC) recommendation regarding Lavi Rokoika’s position as Acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC). In a public statement, they emphasized that under section 82 of the Constitution, the President must act on the JSC’s advice without any conditions or negotiations.
Leung and Naidu remarked that Fiji is currently at a crucial constitutional juncture. They clarified that the President does not have the authority to make choices or exercise discretion when it comes to the recommendations made by constitutional bodies like the JSC. The lawyers claimed it is “an open secret” that the JSC recommended the termination of Rokoika’s appointment following a High Court decision on February 2, 2026, which was communicated to the President shortly thereafter. However, it appears that the President has opted not to act on this advice, allegedly insisting that Rokoika be compensated before revoking her appointment, despite her temporary status meaning she is not entitled to any compensation.
The lawyers cautioned that the President’s failure to adhere to the JSC’s recommendation could have far-reaching consequences for the governance of Fiji. They underscored the President’s role as the guardian of the Constitution, noting that he must demonstrate constitutional integrity and standards. Ignoring the JSC’s recommendations could set a troubling precedent for future government decisions.
Additionally, they criticized Rokoika’s continued tenure, suggesting it is “undignified” for someone in such a high public office to cling to their position amidst legal uncertainties. They argued that Rokoika should have resigned immediately following the High Court ruling, which clarified that her appointment was unlawful.
Prime Minister Sitiveni Rabuka has distanced himself from the specifics of FICAC operations, insisting that the government will not interfere in its affairs while also indicating plans for amendments to the FICAC Act later this year. The lawyers’ statements contribute to a growing chorus of voices from the legal and civil society sectors advocating for clear adherence to constitutional procedures regarding the leadership of FICAC. This situation serves as a reminder of the importance of upholding democratic principles and the rule of law in governance.
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