Former Attorney-General Sayed-Khaiyum has criticized the recent decision by Justice Minister Siromi Turaga to place Corrections Commissioner Dr. Jalesi Nakarawa on leave, deeming it a significant Constitutional misstep. Sayed-Khaiyum pointed out that according to the Fijian Constitution, the appointment of the Commissioner is made by the President upon the recommendation of the Constitutional Offices Commission (COC), following discussions with the Minister responsible for corrections.
He emphasized that any serious complaints regarding the Commissioner should be presented to the COC for consideration, rather than handled through departmental channels or legal courts. This highlights that any action concerning the Commissioner, including suspension or leave, must be executed by the President, thus asserting that Turaga’s actions deviate from established legal procedures.
Sayed-Khaiyum further argued that the current situation undermines the Constitution and disrupts the COC’s processes. He expressed concern that Turaga’s approach not only sidesteps the proper legal framework but also raises questions about the roles of the Attorney-General and Solicitor General, both of whom are responsible for providing sound legal counsel to the government.
He believes that if credible complaints exist against the Commissioner, the Minister should have formally escalated these issues to the COC instead of acting unilaterally. Sayed-Khaiyum called for the Prime Minister, who chairs the COC, to intervene and correct what he described as a troubling lack of adherence to legal protocols that threatens to portray the government as unprofessional and ineffectual.
This situation serves as a reminder of the importance of upholding constitutional processes, which ensure accountability and transparency in governance. By reinforcing established channels for handling grievances, the government could foster a more robust and credible framework, ultimately benefiting all parties involved.
In summary, Sayed-Khaiyum argues that due process has been overlooked in the decision-making surrounding the Corrections Commissioner, which could have been avoided through adherence to constitutional directives and legal advice. This incident may serve as an opportunity for the government to reflect on and reinforce its commitment to constitutional law, thereby restoring public confidence in its processes.
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