Former Attorney General Aiyaz Sayed-Khaiyum has asserted that any constitutional matters in Fiji, including those relating to the Fiji Independent Commission Against Corruption (FICAC), must be handled in strict adherence to the Constitution and the rule of law. His comments came following inquiries regarding the President’s constitutional obligations when acting on the advice of the Judicial Services Commission (JSC), particularly regarding the appointment or suspension of the Commissioner of FICAC.
The inquiry sought to clarify whether the President is mandated to act on JSC’s advice without any discretion. While Sayed-Khaiyum refrained from directly addressing the intent of the constitutional drafters concerning the President’s authority, he suggested that both the JSC and the Office of the President likely sought legal counsel on the matter. He remarked, “It would not be amiss to say that both the Judicial Services Commission and His Excellency the President’s Office would have obtained legal advice.”
He emphasized that any constitutional issues should ultimately be resolved by prioritizing constitutionalism and the rule of law. Additional questions raised included whether the President is legally obligated to follow JSC’s recommendations, the potential breach of constitutional duty if advice goes unacknowledged, and whether implicit discretion exists for the President.
In a related note, journalists from the publication attempted to reach out to Chief Registrar Tomasi Bainivalu for further clarification but were reportedly not granted an audience. This situation highlights the ongoing importance of constitutional governance and adherence to legal frameworks in Fiji, crucial for ensuring the integrity of democratic processes and institutions.
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