The Fiji Independent Commission Against Corruption has told a parliamentary committee it needs statutory reform to safeguard its independence, arguing its current duty to report to the Attorney‑General undermines its autonomy and creates an abnormal structural link with the executive.
Acting Commissioner Lavi Rokoika told the Constitution Review Committee yesterday that subsection 9 of the FICAC Act, which mandates reporting to the Attorney‑General, sits uneasily with other provisions that guarantee the commission’s independence. “There is a provision at subsection 9 of the FICAC Act that talks about mandatory reporting to the Attorney‑General,” she said, adding that the contradiction weakens the commission’s ability to act without perceived or real interference. “Both of them cannot work together as being independent whilst the Attorney‑General reference is specifically provided.”
Rokoika urged the committee to consider redirecting FICAC’s reporting line from the Attorney‑General to Parliament as a whole. “We are stating that reporting is to be done to Parliament as a whole, not to a particular office holder, in this instance Attorney‑General,” she said, describing the change as necessary to remove a “structural imbalance” that, she argued, is not present in comparable institutions. She compared FICAC’s reporting obligations to the Office of the Director of Public Prosecutions, noting that there is no equivalent requirement for the DPP and that the difference “weakens the independence of the commission of FICAC.”
Rokoika told the committee the issue is especially acute where investigations may involve senior office‑holders, including the Attorney‑General. “If there is supposed to be an investigation against any of the executives, for instance the Attorney‑General, that might pose difficulties with the Commission,” she said, urging that references to the Attorney‑General be removed from the Act and replaced with direct reporting to Parliament to better safeguard FICAC’s autonomy.
The submission follows a period in which FICAC has publicly defended its operational independence amid allegations of political targeting. In January this year Acting Commissioner Rokoika told reporters the commission operates autonomously and decisions are guided by evidence and legal frameworks. The new push to amend statutory reporting lines brings the matter into formal constitutional review, signalling a move from public reassurance to seeking legal change.
The Constitution Review Committee will now consider FICAC’s recommendation as part of its broader review of governance and accountability provisions. Any change to the FICAC Act would require legislative amendment; if the committee supports Rokoika’s proposal, it could recommend draft amendments or further consultations with legal stakeholders and Parliament. Supporters of the change argue it would align Fiji’s anti‑corruption agency with international norms that preserve institutional independence from political offices.
The debate over FICAC’s reporting arrangements comes against a backdrop of earlier tensions between the Attorney‑General’s office and other independent legal institutions — a context Rokoika and others say underscores the need for clearer, more robust safeguards. The committee has not yet set a timetable for when it will report back on the matter.
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