Opposition Member of Parliament Jone Usamate has harshly criticized the Coalition Government’s stance on the Judicial Services Commission (JSC), accusing it of hypocrisy regarding its handling of complaints about officials. In a statement, Usamate highlighted the inconsistency in the government’s actions, stating that while the JSC acted on complaints to remove high-ranking officials in 2023, it now claims to lack the authority to stand down FICAC Commissioner Barbara Malimali amid a request from the Commission of Inquiry (COI).
Usamate explained that the FICAC Act clearly defines the role of the JSC in appointing the FICAC Commissioner, which includes overseeing any necessary disciplinary actions. He stressed, “If they could act against the former Chief Justice and others, they can—and must—act now.” Usamate pointed out that while Section 115 of the Constitution gives FICAC independence, it does not outline the disciplinary process for its Commissioner, leading to legal reasoning that suggests the JSC should have the authority to ensure accountability.
He also shed light on the absence of specific legislation delineating this disciplinary process, underscoring that the JSC could use established procedures such as referring the matter to the Public Service Disciplinary Tribunal (PSDT). According to him, the PSDT operates under guidelines intended to ensure a fair and lawful process.
The criticism echoes Usamate’s earlier concerns over Malimali’s appointment to FICAC, where he expressed apprehension about the transparency and accountability of the selection process. In previous statements, he has raised questions about whether the JSC followed appropriate procedures and conducted due diligence considering Malimali was under investigation at the time.
Usamate further noted, “This government cannot deny the powers it has already wielded,” pointing to previous instances where the JSC exercised authority to refer judges and other judicial officers to tribunals. He is adamant that equality before the law must be maintained, stating, “The people of Fiji deserve a government that upholds the rule of law consistently and without bias.”
Usamate concluded with a plea for respecting the rule of law and fair treatment for all individuals, reinforcing that the current circumstances do not align with the government’s commitment to change. He emphasized that until the government addresses these inconsistencies, it will continue to undermine public trust in its institutions.
This call for accountability and adherence to the rule of law is pivotal for governance, as it seeks to ensure that all individuals, regardless of position, are held to the same standards. The hope remains that addressing these issues could strengthen the integrity of governance in Fiji, ultimately fostering a political environment where transparency and fairness prevail.
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