The recent dismissal of Attorney-General Graham Leung has prompted veteran civil servant Jioji Kotobalavu to emphasize the crucial need for senior government officials to adhere to high legal and ethical standards. Following Prime Minister Sitiveni Rabuka’s decision, which was based on findings from a Commission of Inquiry, Kotobalavu described the situation as a “salutary lesson” for civil service leadership regarding the necessity of understanding their constitutional powers and limitations.
Kotobalavu underscored that under the 2013 Constitution, there has been a significant decentralization of authority from the Public Service Commission to permanent secretaries (PSs). With this shift, PSs now hold greater responsibilities as employers within their ministries, complicating the traditional oversight mechanisms once encouraged by the PSC. He cautioned that this change has effectively “politicized the civil service”, necessitating PSs to work closely with ministers in decisions involving appointments, discipline, and transfers.
With the potential for increased ministerial influence, it is vital for senior administrators to possess a strong understanding of administrative and employment law to navigate their expanded powers responsibly. Kotobalavu pointed out that Section 16 of the Constitution requires decision-makers to respect the rights of individuals impacted by those decisions, thus stressing the need for public servants to act with professional integrity and be constantly aware of the public interest.
This context of Leung’s termination and the responses it provoked reflects larger themes of accountability and transparency in government operations. Commentary from similar articles highlights ongoing concerns about adherence to constitutional processes in Fiji’s political landscape, further illustrating the potential for this situation to inspire necessary reforms that promote ethical governance.
Ultimately, while the circumstances leading to Leung’s dismissal may initially appear tumultuous, they offer a unique opportunity for the government to strengthen its commitment to constitutional adherence and restore public trust in its institutions. There is hope that these challenges can lead to renewed respect for the rule of law, fostering an environment where ethical conduct is the norm rather than the exception.
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