A recent decision by Justice Minister Siromi Turaga to place Fiji Corrections Service Commissioner Jalesi Nakarawa on an extended leave has resulted in a clash over constitutional authority. Legal experts, including former Attorney-General Aiyaz Sayed-Khaiyum, have criticized the directive as unconstitutional, suggesting it circumvents established procedures that govern appointments within the Fijian Corrections Service.
Sayed-Khaiyum emphasized that the Commissioner is appointed by the President, based on advice from the Constitutional Offices Commission (COC), and input from the Minister responsible for the service. He pointed out that any complaints regarding the Commissioner should be directed to the COC, rather than unilaterally decided by the minister.
Commissioner Nakarawa voiced his objections, asserting that under the Corrections Act, the minister does not have the authority to place a constitutional office holder on leave without formal inquiries led by a designated committee. He stated that the minister’s action reflects a misunderstanding of the legal processes required for such decisions.
Upon returning from planned leave, Nakarawa expressed his desire for clarity regarding the minister’s allegations against him, noting he had only received vague notifications about the situation through social media rather than official channels. The minister, however, insisted that Nakarawa had not yet resumed his duties and promised that details surrounding the allegations would be revealed soon.
Sayed-Khaiyum cautioned that the minister’s actions not only violate constitutional protocols but also jeopardize the integrity of the President’s authority and the framework of due process. He reassured that constitutional law takes precedence over other laws, reinforcing the need for adherence to established legal structures.
This situation accentuates the intricate balance of power and responsibilities within Fiji’s governance. As discussions unfold, there remains hope for clarity and resolution that will maintain the rule of law and uphold constitutional principles in Fiji. The challenge serves as a reminder of the importance of transparent communication in governance and the need for due process in handling legal matters.
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