Former Attorney General Aiyaz Sayed-Khaiyum has emphasized the necessity for the President to publicly disclose the Tribunal’s findings in the case involving the suspended Director of Public Prosecutions (DPP). This requirement stems from Section 112 (6) of the Fijian Constitution, which mandates that reports from independent Tribunals, particularly in instances of alleged misconduct, must be made accessible to the public.
Sayed-Khaiyum explained that the Constitution also outlines that once a Tribunal is established to determine whether the DPP should be removed, the President is compelled to act based on the Tribunal’s advice. “The President does not possess any discretionary authority once a Tribunal is appointed,” he stated, reiterating that the President’s actions are guided strictly by constitutional directives.
He further clarified that the President cannot simply decide on a course of action based on personal judgment or the interpretations of third parties regarding the Tribunal’s report. The former Attorney General underscored that the Constitution clearly stipulates the responsibilities of the President, which include ensuring transparency through the publication of the Tribunal’s findings.
To achieve this transparency, Sayed-Khaiyum suggested that the President should provide copies of the report to the suspended DPP, disseminate it through media channels, and present it in public gatherings. He noted that following these constitutional provisions not only fosters transparency but also upholds the independence of the judicial process, thus reinforcing public confidence in the integrity of legal proceedings.
This emphasis on transparency and accountability is crucial in maintaining the integrity of the Presidency and the Tribunal system, ensuring that these high offices operate free from external influences or misinterpretations.
In conclusion, Sayed-Khaiyum’s call for transparency is a significant step toward restoring public faith in the judicial processes of the nation, reinforcing the idea that accountability is paramount in governance. Such measures can foster a more informed citizenry and highlight the commitment to upholding the rule of law.
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