Former Attorney General Aiyaz Sayed-Khaiyum has asserted that only the President has the authority to suspend a Constitutional Officer such as the Commissioner of the Fiji Corrections Service. He emphasized that under the Constitution, the Constitutional Officers Commission (COC) is the designated body for handling all complaints against these officers.
Sayed-Khaiyum expressed confusion over the recent approval of a “legally unsound approach” by the COC Chair, who is also the Prime Minister. He questioned the roles of both the Attorney-General and the Solicitor General in this context, highlighting that they are responsible for providing impartial legal advice to the Prime Minister and the Cabinet. The absence of proper legal counsel raises concerns about the constitutionality of the recent actions taken.
He pointed out that if there were credible complaints regarding the Corrections Commissioner, it would have been prudent for Minister Siromi Turaga to follow the correct protocol by referring the matter to the COC’s secretariat. This process would allow for a thorough examination of allegations through proper channels, rather than relying on informal or unorthodox methods.
In light of this situation, Sayed-Khaiyum labeled the recent developments as unnecessary drama that undermines the constitutional framework, underscoring the importance of adhering to established protocols for governance.
This incident serves as a reminder of the critical need for adherence to legal procedures and constitutional protocols in governance, reinforcing the significance of transparency and accountability in public service. It raises an opportunity for dialogue and reform within the structures of authority to ensure the integrity of the processes involved, ultimately strengthening the rule of law in Fiji.
Summary: Former Attorney General Aiyaz Sayed-Khaiyum criticizes the recent handling of a constitutional officer’s suspension, asserting that only the President can enact such a decision and urging adherence to legal protocols. He raises questions about the roles of key legal advisors in this process, emphasizing the need for transparency and proper governance.
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