Fiji’s Prime Minister Sitiveni Rabuka says the Supreme Court’s interpretation of sections 105(2)(b) of the 2013 Fijian Constitution will determine Cabinet’s intentions to reshuffle key Ministerial positions and the appointment of the Acting Director of Public Prosecutions.
Speaking with FijiLive, the Prime Minister said this complies with section 91(5) of the Constitution of the Republic of Fiji.
Rabuka said there were some questions raised about his decision to reshuffle key Cabinet positions and that some in the legal fraternity objected to the appointment of the Acting Director of Public Prosecutions.
Rabuka said the Constitutional Interpretation from the Supreme Court was sorted and will be key as there were growing concerns from key stakeholders on the legality of the appointment of the Acting DPP.
He said that in particular, the Court will rule if the Independent Legal Services Commission (ILSC) finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.
The provisions of the Constitution of the Republic of Fiji (2013) on the disqualification from office for potential members of the Judiciary, and holders of the position of Director for Public Prosecutions (DPP) and other constitutional offices have been a matter of public discussion and disagreement, including between the Fiji Law Society (FLS) and the Acting Chief Justice.
The Office of the Solicitor-General will prepare the necessary application on behalf of the Cabinet to the Supreme Court for consideration in the April 2024 sitting of the Supreme Court.
When asked by FijiLive what his anticipation of what the result of the review would be, the Rabuka said it was not right to anticipate the outcome; however, the Government would wait until that came out.
Rabuka said that he could not hurry along the Court process.
“We can then play it as best as we can after a decision is made, there is no time-frame that the Government is waiting on.” PM Rabuka said.
