The ongoing conflict between President Ratu Naiqama Lalabalavu and the Judicial Services Commission (JSC) regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC) has raised deep constitutional inquiries. Senior lawyer Jon Apted argues that while the President is ultimately required to act on suggestions from constitutional bodies, he retains the right to seek clarity and legal counsel to ensure the legality of these recommendations.
Apted points out that the current Fijian Constitution obligates the President to act solely based on advice from a Minister, the Cabinet, or other designated entities. He clarified that the President cannot operate purely on personal judgment but is also not required to follow recommendations unconditionally. “He cannot act contrary to the advice, but he can refuse to act if, for example, the advice requires him to do something illegal,” Apted asserts.
The deadlock is intensified by indications that the President has not fully endorsed the JSC’s recommendation concerning the FICAC Commissioner. Apted noted the critical need for transparency in today’s digital landscape, where narratives can evolve rapidly, potentially diminishing public trust in governance. “It is therefore incumbent on the official parties involved to get ahead of the other players by being more transparent about what is happening,” he emphasized.
There remains a division among legal authorities regarding the interpretation of the 2013 Constitution, particularly about the President’s roles and responsibilities in relation to the JSC’s recommendations. Recent High Court decisions, including one related to Barbara Malinmali, have underscored that the President must follow JSC recommendations unless they are deemed unlawful.
As the dialogue progresses, it is essential for all parties involved to resolve this impasse quickly to avert a potential constitutional crisis and uphold public confidence in Fiji’s institutions. The complex legal nature of the situation, alongside the pressing need for a resolution, illustrates the precarious balance required between adhering to constitutional mandates and upholding the rule of law. There is hope that a solution will emerge, allowing FICAC to continue its vital work without further hindrances.