Fiji’s Governance Under Fire: Why Is Transparency at Stake?

Prime Minister Sitiveni Rabuka’s recent decision not to release the Commission of Inquiry (COI) report regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) has sparked significant debate. Former Attorney General Aiyaz Sayed-Khaiyum criticized this move, arguing that the Prime Minister lacks the legal authority to withhold the report, stating that it effectively “muzzles” the Commission, preventing the public from knowing its findings and recommendations.

Sayed-Khaiyum highlighted that under the Commissions of Inquiry Act, the responsibility to appoint the Commission lies with the President, who should receive the final report, not the Prime Minister. He questioned whether Rabuka is receiving adequate legal counsel or if he chooses to overlook essential legal advice, suggesting that this decision raises concerns about adherence to the law and constitutional principles.

The tension surrounding the FICAC and the government’s transparency has been exacerbated by allegations of interference affecting both the operational integrity of FICAC and the independence of other governmental institutions. Sayed-Khaiyum emphasized that establishing a Commission of Inquiry is vital to restoring public confidence, upholding legal frameworks, and maintaining investment in the nation.

Rabuka’s commitment to transparency has been called into question with his cautious approach, acknowledging the sensitivity of the issues at hand. He expressed that while there are pressing calls for transparency, releasing the report could potentially jeopardize ongoing investigations. The Prime Minister noted that he is reviewing the process along with the Commission of Inquiries Act to guide recommendations to the President for further action.

This situation, while seemingly devoid of immediate clarity, reflects a broader commitment to ensuring improved governance within Fiji. The ongoing scrutiny and demands for transparency serve as a crucial foundation for crucial reforms, reinforcing a hopeful outlook for the integrity and accountability of public institutions in the future. Through these developments, there remains potential for restoring public trust, which is essential for healthy governance and societal progress.