A directive from Justice Minister Siromi Turaga to place the Commissioner of Fiji Corrections Service, Jalesi Nakarawa, on an extended leave has created a significant constitutional conflict, with legal experts and Nakarawa himself labeling the action as unlawful.
Former Attorney-General Aiyaz Sayed-Khaiyum expressed serious concerns via social media, calling Minister Turaga’s actions a “constitutional debacle” that sidesteps established legal procedures. He highlighted that the Fijian Constitution states the Commissioner is appointed by the President upon the advice of the Constitutional Offices Commission (COC), which is supposed to handle serious complaints against constitutional office holders.
Commissioner Nakarawa has also raised questions regarding the legality of the minister’s directive. He pointed out that the Corrections Act allows a committee to be formed for inquiries but does not give the minister the power to place a constitutional office holder on leave for investigations. He emphasized that any serious allegations should be directed through the COC and the President, not directly from the minister’s office.
Nakarawa confirmed he had recently returned from a planned leave and sought clarification from Minister Turaga following the unexpected announcement. He stated that he was unaware of any specific allegations against him that would justify such a measure.
Despite Commissioner Nakarawa’s statements, Minister Turaga insisted that Nakarawa had not resumed his duties and mentioned that the allegations would be revealed “in due course.” Sayed-Khaiyum warned that such actions compromise the Constitution, the authority of the President, and the principle of due process.
The unfolding situation emphasizes the importance of adherence to constitutional protocols and the potential implications of deviating from established legal procedures. As both sides navigate this dispute, clarity and resolution could pave the way for strengthened governance and respect for legal frameworks in Fiji, underscoring the necessity of upholding constitutional integrity.
This situation presents an opportunity for the legal system in Fiji to reaffirm its commitment to constitutional law, promoting greater accountability and transparency in government operations. The outcome may strengthen public confidence in institutional processes and the rule of law.
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