A directive from Justice Minister Siromi Turaga to put Fiji Corrections Service Commissioner Jalesi Nakarawa on extended leave has led to significant controversy, with both legal experts and the commissioner asserting that the action is unconstitutional.
Former Attorney-General Aiyaz Sayed-Khaiyum criticized Minister Turaga’s decision as a “constitutional debacle,” arguing that it sidesteps established legal protocols. He pointed out that according to the Fijian Constitution, the President appoints the Commissioner of Fiji Corrections Service based on advice from the Constitutional Offices Commission (COC), following consultations with the responsible minister. Sayed-Khaiyum emphasized that complaints regarding the commissioner must be made to this commission and not handled through direct ministerial actions.
Commissioner Nakarawa supported these claims, asserting that the law does not empower the minister to place him on leave during investigations. He highlighted that the Corrections Act permits the formation of a committee for inquiries, but does not authorize the minister to issue a leave order.
After taking previously scheduled leave, Nakarawa reassured that he has returned to his duties. He expressed his surprise at the public announcement of his leave on social media before he could adequately respond or understand the situation fully. He has reached out to Minister Turaga for clarification on the allegations mentioned, stating that he has yet to be informed of any charges that warrant an investigation.
Despite Nakarawa’s return to work, Minister Turaga contended that the commissioner remains on leave and stated that the details regarding the allegations would be revealed “in due course.” Sayed-Khaiyum reiterated the importance of the Constitution, warning that the minister’s actions could undermine constitutional authority and due process.
The situation underscores the tension within Fiji’s governance structure and highlights the need for clarity in the interpretation of constitutional provisions. As this dispute unfolds, it may serve as a pivotal moment in reinforcing the legal frameworks that govern public office in Fiji, emphasizing the principle that constitutional law prevails above all.
This ongoing legal challenge presents an opportunity for the Fiji governance system to address and strengthen its adherence to constitutional protocols, ensuring greater accountability and transparency in governmental processes. It remains to be seen how this will ultimately impact the relationship between the Ministry of Justice and the relevant constitutional bodies.
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