Shadow Minister for Justice, Ketan Lal, has called on Prime Minister Sitiveni Rabuka to take responsibility for what he describes as the Coalition Government’s continued breaches of the 2013 Constitution. His comments come in light of the Justice Minister Siromi Turaga’s decision to place Commissioner of Corrections Dr. Nakarawa on leave, a move Lal deems procedurally dubious and an abuse of ministerial power.
Lal emphasized that the position of the Commissioner of Corrections is independent, having been appointed by the President and not answerable to the directives of individual ministers regarding employment issues. He cited Section 137(4) of the 2013 Constitution, which stipulates that only the President, acting on the advice of the Constitutional Offices Commission, has the authority to suspend the Commissioner and other officers appointed by that commission.
According to Lal, this overreach by Minister Turaga is indicative of a troubling lack of understanding of the separation of powers. He argued that if there were valid concerns regarding the Fiji Corrections Service (FCS), the appropriate course of action would have been to present these issues to the Constitutional Offices Commission rather than sideline Dr. Nakarawa without transparency regarding any allegations.
Lal also expressed alarm at the suggestion that Prime Minister Rabuka supports this decision, urging both the Minister for Justice and the Prime Minister to recognize their legal limitations in this matter. He stated, “Such actions represent a misuse of power and threaten the principles of good governance by setting a dangerous precedent for political interference in independent institutions.”
Adding to the complexity of the situation, Dr. Nakarawa has reportedly not been informed of the allegations against him and has contested the legitimacy of the decision to place him on leave. Lal pointed out that this incident mirrors a previous case involving DPP Pryde, indicating a troubling trend of the Coalition Government dismissing public officers in a manner that undermines constitutional authority.
Lal raised critical questions about whether the government is reacting unfavorably toward independent officers who maintain professionalism and impartiality, suggesting an uncomfortable relationship with constitutional autonomy.
He concluded by emphasizing the need for the Coalition to cease undermining constitutional offices for political expediency. As the Opposition, Lal affirmed their commitment to holding the Rabuka administration accountable and ensuring the preservation of essential state institutions. “Fiji’s democracy relies on leaders adhering to the limits of their authority and respecting the rule of law. This is the least we owe to those who elected us,” he stated.
This situation highlights the importance of upholding the principles of governance and accountability. As the debate unfolds, it presents an opportunity for the government to reflect on its actions and reinforce the integrity of constitutional roles, ultimately benefiting the democratic framework of Fiji.
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