Former attorney-general Aiyaz Sayed-Khaiyum has called on Prime Minister Sitiveni Rabuka to promptly establish a Commission of Inquiry under the Commission of Inquiry Act. This move, he argues, would help restore public confidence and demonstrate a tangible commitment to the rule of law, constitutionalism, and the independence of constitutional offices and institutions.
Sayed-Khaiyum’s comments follow allegations from former acting deputy commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Puleiwai, indicating that government ministers and high-ranking officials were interfering with FICAC’s operations. He emphasized that the responsibility lies with Mr. Rabuka, urging him to affirm his commitment to the rule of law and the protection of institutional independence as outlined in the Fijian Constitution.
He pointed out that failure to address such serious concerns could lead to negative consequences for investments and the economy. “Our economy is not growing as it should, creating a widening gap between the affluent and the impoverished,” he stated.
Sayed-Khaiyum highlighted the potential impact on Fiji’s reputation within the regional and international community, including relationships with development partners and international agencies. He rebutted claims that no constitutional provisions exist for a Commission of Inquiry, clarifying that a focused inquiry into specific allegations would not disrupt independent constitutional processes.
However, he stressed that for the Commission to maintain credibility, its members must be impartial and not connected to any individuals implicated in the allegations. Moreover, the terms of reference should be drafted without influence from those with biases.
“If these requirements are overlooked, the Commission will simply be a façade and worsen the existing issues,” he warned, adding that the Prime Minister must take decisive action to rectify the situation.
In response to the situation, Prime Minister Rabuka has expressed agreement that a Commission of Inquiry is the most suitable and unbiased approach to investigate the allegations surrounding FICAC. He noted that an independent inquiry would be better equipped to examine concerns raised by Pulewai, especially those regarding alleged ministerial interference in FICAC investigations. “If the inquiry finds evidence of undue interference, the recommended due process must be followed,” he affirmed.