A recent directive from Justice Minister Siromi Turaga has led to a significant constitutional controversy in Fiji, as it involves placing Fiji Corrections Service Commissioner Jalesi Nakarawa on extended leave. Legal experts, alongside Commissioner Nakarawa, have described this action as unlawful.
Former Attorney-General Aiyaz Sayed-Khaiyum took to social media to decry the decision, characterizing it as a “constitutional debacle” and asserting that it sidesteps the established legal processes. He emphasized that under section 130(4) of the Fijian Constitution, the appointment of the Commissioner is the purview of the President, based on the advice of the Constitutional Offices Commission (COC), following discussions with the pertinent minister.
Sayed-Khaiyum clarified that any formal complaints regarding the Commissioner should be processed through the COC and not dealt with directly by the Minister. Nakarawa echoed these sentiments, stating that while the Corrections Act allows for the establishment of a committee for inquiries, it does not empower the Minister to unilaterally order a constitutional officeholder to take leave. He reiterated that any serious allegations should be channelled through the appropriate constitutional framework.
Having returned to his duties after a period of planned leave, Nakarawa pointed out that he received a surprising notification of his extended leave while he was still reviewing the Minister’s communication. He has since sought further clarification on the allegations against him, which remain undisclosed.
Minister Turaga, on his side, has asserted that the Commissioner has not returned to his role and claimed that the allegations would be revealed in due course. Sayed-Khaiyum warned that the Minister’s actions could potentially undermine constitutional authority, emphasizing the supremacy of the Constitution as the foundation of law in Fiji.
As the situation develops, it remains essential for all parties involved to seek a resolution that respects due process and constitutional integrity, fostering a greater understanding of the legal framework governing such appointments and actions. This controversy highlights the critical importance of adherence to established procedures in governance, which can ultimately lead to a stronger and more transparent political environment in Fiji.
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