A directive issued by Justice Minister Siromi Turaga to place Fiji Corrections Service Commissioner Jalesi Nakarawa on extended leave has ignited a constitutional dispute. Legal experts, including former Attorney-General Aiyaz Sayed-Khaiyum, along with Commissioner Nakarawa, have criticized the decision as unlawful.
Mr. Sayed-Khaiyum referred to the move as a “constitutional debacle,” arguing it overlooks established protocols. He pointed out that the Fijian Constitution stipulates that the Commissioner of Fiji Corrections Service is appointed by the President based on recommendations from the Constitutional Offices Commission (COC), with input from the Minister responsible for the Corrections Service. This indicates that any complaints should be appropriately handled by the COC.
Commissioner Nakarawa supported this stance, contending that the legislation does not grant the Minister the authority to place a constitutional appointee on leave while an inquiry is underway. He emphasized that serious allegations should be directed through the COC as part of the correct procedure, rather than being unilaterally handled by the Minister.
Upon returning from his planned leave, Nakarawa expressed confusion over the minister’s decision, stating he had received a notification just before the ministry publicly announced his extended leave. He has since reached out to Minister Turaga for clarification and has yet to receive information regarding the allegations against him that prompted this action.
In response, Minister Turaga has asserted that Nakarawa is not back at work and indicated that the allegations would be made public at the appropriate time. Meanwhile, Sayed-Khaiyum cautioned that the Minister’s conduct compromises constitutional integrity, undermines the President’s authority, and bypasses due process.
This situation reflects the importance of adhering to legal protocols and highlights the ongoing challenges in governance where authority and constitutional obligations intersect. It underscores the need for clear communication and support for institutional processes that sustain the rule of law.
Summary: A conflict has emerged between Fiji’s Justice Minister Siromi Turaga and Corrections Commissioner Jalesi Nakarawa over the legality of Nakarawa’s extended leave. Legal experts argue the move violates constitutional procedures, asserting that such decisions should be handled by the Constitutional Offices Commission. Deputy Sayed-Khaiyum and Nakarawa both contest the action, while Minister Turaga maintains that the allegations will be revealed when appropriate.
This incident could serve as a turning point to reinforce the legal frameworks necessary for transparent governance in Fiji, emphasizing the importance of due process and respect for the Constitution as vital to maintaining public trust.
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