The former Attorney-General has voiced strong criticism regarding Justice Minister Siromi Turaga’s recent decision to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, labeling it as a significant constitutional misstep. Sayed-Khaiyum, who previously held the position of Justice Minister in the Bainimarama administration, highlighted the constitutional framework surrounding the appointment of the Commissioner, noting that such appointments are made by the President upon the recommendation of the Constitutional Offices Commission (COC) and after consultations with the relevant minister.
He emphasized that any complaints about the Fiji Corrections Service (CFCS) that are serious and not frivolous should be reported directly to the COC, as they are the proper body to address such matters. He argued that the Justice Minister’s action seems to have bypassed this established constitutional process, opting instead to follow a subordinate law, the Fiji Corrections Service Act.
Sayed-Khaiyum pointed out that legal principles dictate that constitutional provisions take precedence over any other legislation, which in this case makes Turaga’s actions legally unsound and detrimental to proper due process. He expressed concern that this decision not only undermines the COC’s authority but also improperly encroaches upon presidential powers, which should rightly manage complaints against constitutional officers.
Moreover, he raised questions about the involvement of the Attorney-General and the Solicitor General, both of whom are tasked with providing unbiased legal guidance to government officials and defending constitutional integrity. He criticized the lack of adherence to established procedural norms, which undermines the credibility of the government and sends negative signals to the public about its governance practices.
Sayed-Khaiyum believes that a more responsible approach would have involved referring any genuine complaints to the COC for proper handling, suggesting the need for greater compliance with the Constitution to restore faith in governmental processes.
In a hopeful perspective, this situation presents an opportunity for the Prime Minister, in his capacity as COC Chair, to rectify these missteps. By affirming the importance of constitutional adherence and due process, the government could demonstrate a commitment to rule of law and integrity, ultimately strengthening public trust and governance in Fiji.
Summary: Former Attorney-General Sayed-Khaiyum has criticized Justice Minister Siromi Turaga for placing Corrections Commissioner Dr. Jalesi Nakarawa on leave, calling it a constitutional misstep. He argues that such actions bypass established constitutional processes, undermining both the authority of the Constitutional Offices Commission and the powers of the President. Sayed-Khaiyum urged adherence to constitutional norms and called for the Prime Minister to intervene and restore proper governance practices.
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