Shadow Minister for Justice, Ketan Lal, has called for Prime Minister Sitiveni Rabuka to take responsibility for his government’s repeated breaches of the 2013 Constitution. His concerns were sparked by the recent decision from Justice Minister Siromi Turaga to place Commissioner of Corrections Dr. Nakarawa on leave, an action Lal deems both procedurally questionable and an inappropriate use of ministerial power.
Lal emphasized that the Commissioner of Corrections is an independent constitutional role, appointed by the President, and is not subject to a line minister’s directives concerning employment issues. He cited Section 137(4) of the 2013 Constitution, which allows the President, based on advice from the Constitutional Offices Commission, to suspend the Commissioner and similar officers.
He argued that Minister Turaga’s actions overstep his authority and reflect a significant misunderstanding of the boundaries surrounding ministerial roles. If there were concerns regarding the Fiji Corrections Service, Lal suggested a lawful approach should involve consulting the Constitutional Offices Commission rather than unilaterally removing the commissioner from his position.
Lal pointed out that the lack of transparency surrounding the reasons for Dr. Nakarawa’s suspension erodes public trust in governmental institutions. He expressed serious reservations about allegations that Prime Minister Rabuka endorses this decision, stressing that both the Minister for Justice and the Prime Minister lack the legal power to force the Commissioner into leave.
This situation, Lal argues, is indicative of a troubling pattern of political interference that threatens the principles of good governance. He noted that Dr. Nakarawa has yet to receive formal notification about the allegations against him and openly contests the validity of his mandatory leave.
The Shadow Minister also raised alarms about a pattern within the Coalition Government of ousting public officers appointed under the 2013 Constitution, citing previous cases like that of Director of Public Prosecutions, Pryde. He pointed to a glaring inconsistency in the government’s commitment to good governance principles, suggesting that these actions may stem from discomfort with independent officers who operate beyond political influences.
Lal urged Prime Minister Rabuka not to deflect accountability regarding these breaches of the rule of law. He insisted that the citizens of Fiji deserve clarity and accountability in this matter and implored the Coalition Government to cease undermining constitutional offices for political leverage.
As the Opposition, Lal affirmed their commitment to ensure that the Rabuka administration respects the independence of these critical institutions. “Fiji’s democracy hinges on leaders remaining within their authority and upholding the rule of law,” he concluded, emphasizing the need for integrity in governance.
This conflict highlights the critical need for clear guidelines in governance to ensure that political leaders respect constitutional boundaries. By addressing these issues, there is hope for stronger democratic practices in Fiji that honor the rule of law and maintain public trust in government institutions.
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