The Fiji Law Society has called for the immediate implementation of the Judicial Services Commission’s recommendation regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC).
In a media statement, the Society said it understands from media reports that His Excellency the President has declined to act on the Judicial Services Commission’s (JSC) recommendation unless certain accommodations are made for Lavi Rokoiika.
The Society stated that if those reports are accurate, it wishes to express its serious concern.
“The Fiji Law Society does not question the independence of public institutions, and the constitutional processes that safeguard our democracy.”
“His Excellency the President must exercise the functions of his office only on the advice and recommendations tendered to him by the appropriate authority. The office of President has no independent or residual power and does not possess independent discretion in such matters. Accordingly, the office of President is not empowered to select alternatives, withhold action, or engage in bargaining with institutions that are constitutionally and statutorily required to provide legally binding recommendations and advice.”
The Society said Fiji stands at a pivotal juncture in its constitutional history and emphasised that adherence to proper legal process is critical.
In relation to the appointment and dismissal of the Commissioner of the Fiji Independent Commission Against Corruption, the Society said the Constitution and the FICAC Act clearly provide that those decisions are made by the Judicial Services Commission.
“The President must act solely on the recommendations of the JSC on matters pertaining to the appointment, suspension, or dismissal of the FICAC Commissioner or Acting Commissioner, following consultation with the Attorney-General. Any deviation from this clear legal process undermines confidence in the integrity of our institutions and our democracy.”
The Society referred to the JSC’s clear recommendation to immediately remove Rokoiika on the grounds that her appointment was unlawful.
“In light of the JSC’s clear recommendation to immediately remove Rokoiika, on the grounds that her appointment was unlawful, we respectfully but firmly urge His Excellency the President to implement the JSC’s recommendations without delay.”
“The rule of law is the cornerstone of our society, and it must be protected rigorously against any encroachments, intentional or otherwise. The Fiji Law Society will continue to monitor developments closely and advocate for adherence to constitutional norms in the interest of all Fijians.”
Senior lawyers Richard Naidu and Graham Leung also issued statements supporting the call for strict adherence to constitutional process and the rule of law, reinforcing g concerns about the need to follow the Judicial Services Commission’s recommendations without deviation.
The matter now centres on whether the President will act on the JSC’s advice in accordance with constitutional requirements.
