The ongoing debate regarding President Ratu Naiqama Lalabalavu’s actions in relation to the Judicial Services Commission (JSC) recommendations for the Fiji Independent Commission Against Corruption (FICAC) continues to stir discourse among legal experts. Senior lawyer Jon Apted has weighed in, asserting that while the President is required to act on the advice of constitutional bodies, he holds the right to seek clarification or legal counsel to ensure the recommendations comply with the law.
Apted’s observations come amid reports suggesting that the President has yet to accept the JSC’s advice regarding leadership changes within FICAC. He emphasized that the current constitutional framework obligates the President to act based on ministerial or Cabinet advice, but does not compel him to unconditionally follow recommendations if there is a possibility of illegality involved. He noted that the President can delay action to confirm the legality and appropriateness of the advice he receives.
Additionally, he stressed the importance of transparency amid the deadlock, advising those involved in the standoff to recognize the immediate nature of the digital age, where public narrative can be dominated by social media and news outlets. He called for a proactive approach from the involved parties to communicate effectively with the public to prevent misunderstandings and speculation.
The situation raises concerns about potential consequences, including a constitutional crisis if the deadlock persists. With various legal interpretations regarding the President’s obligations under the 2013 Constitution, the continued silence from the President and the JSC regarding their communications exacerbates the uncertainty. Apted pointed out that the recent High Court ruling indicated that the President must act on JSC recommendations, further complicating the current impasse.
Apted urged for a resolution to this matter, signifying the need to mitigate political instability and maintain public confidence in Fiji’s legal institutions. The resolution of this deadlock is critical not just for the leadership of FICAC, but also for the ongoing investigations and legal proceedings tied to their operations, emphasizing the importance of clarity and action in the face of this constitutional challenge.
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