Prime Minister Sitiveni Rabuka has stated that the decision regarding the tenure of the Acting Director of Public Prosecutions is not for the Cabinet to make, but rather lies with the Judicial Services Commission, as well as the individual’s integrity and professional attitude.
Rabuka’s comments come after Rabuku’s refusal to step down from his position despite a recent Supreme Court ruling questioning his tenure and calls from prominent legal authorities for his resignation.
“Cabinet has no say in that. Cabinet put forward a question to the Supreme Court. That has been answered by the Supreme Court. Now it is up to the appointing authority to decide on his future,” Rabuka said.
Rabuka also mentioned that, as pointed out by the Attorney-General, the issue is partly about the personal integrity and professional stance of the office holder. He added that the office holder should recognize that he does not have the confidence of the supreme legal authority in the judiciary and consider this as good advice for his future in the legal profession. Rabuka emphasized that resignation could either be a personal decision or come through executive direction from the Judicial Services Commission.
Last week, Attorney General Graham Leung and Fiji Law Society President Wylie Clarke both urged Rabuku to step down, arguing that his persistence in retaining the position undermines judicial authority and governance principles.
Rabuku, who took on the acting DPP role after the suspension of Christopher Pryde and the passing of Acting DPP Ratu David Toganivalu, is holding his position until he receives formal communication from the Judicial Services Commission or the Cabinet.