Prime Minister Sitiveni Rabuka has stated that the decision regarding the tenure of the Acting Director of Public Prosecutions is not one for the Cabinet to make, but rather lies with the Judicial Services Commission and also involves considerations of personal integrity and professional attitude.
Rabuka’s comments come in response to Rabuku’s refusal to relinquish his position despite a recent Supreme Court ruling that challenges his tenure, along with calls from key legal figures 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 remarked.
The Prime Minister added, “But as the Attorney-General had mentioned, it also depends on the personal integrity and professional attitude of the office holder to see that he does not have the confidence of the supreme legal authority in the judicial side of the separation of powers, and perhaps for the future of his profession in the legal sphere. He should take that as good advice. He has that option; he can make a personal decision or await the 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 insistence on staying in office undermines judicial authority and principles of governance.
Rabuku, who took on the role of acting DPP following the suspension of Christopher Pryde and the subsequent death of Acting DPP Ratu David Toganivalu, continues to stand his ground pending formal communication from the Judicial Services Commission or Cabinet.