Former Attorney-General Graham Leung and acclaimed Suva lawyer Richard Naidu have highlighted a significant constitutional juncture for Fiji, urging clarity and swift action from leadership on pressing legal matters. In a joint statement, the lawyers emphasize that the President must promptly adhere to the Judicial Services Commission’s (JSC) recommendations regarding Lavi Rokoika, the acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC). They stress that this action should occur unconditionally and without delay.
The duo noted that it has become widely recognized that the JSC has recommended Rokoika’s termination, following a High Court ruling issued on February 2. They understand that this recommendation was communicated to the President earlier in the week but indicate that media reports suggest the President has hesitated to act on it. Allegedly, the President has demanded that Rokoika receive compensation before he considers revoking her appointment.
Leung and Naidu argue that Rokoika’s position as the acting Commissioner is temporary, meaning she is not entitled to any compensation upon the end of her appointment. They referenced Sections 81 and 82 of Fiji’s Constitution, which assert that the President must exercise executive authority solely based on advice without the leeway to impose conditions on such recommendations. They warn that if the President is receiving contrary advice, it may be misguided.
The lawyers emphasized the President’s critical role as Fiji’s head of state under Section 81 of the Constitution, asserting that he possesses substantial executive power. They explained that this power allows him to appoint the Prime Minister, Cabinet, and other significant public officeholders. However, in a democratic republic like Fiji, this authority must manifest in alignment with the will of the people and the directives of constitutional bodies, including the JSC.
Leung and Naidu further pointed out that Rokoika’s continued presence in office contravenes the High Court’s ruling, which they believe declared her appointment unlawful. They advocate for Rokoika to voluntarily resign to prevent what they describe as a potential constitutional crisis. Meanwhile, inquiries have been directed to the President’s Office regarding this unfolding situation.
This call for leadership action reflects a broader concern for upholding constitutional integrity in Fiji. As legal experts weigh in, the importance of adherence to judicial authority and democratic principles remains paramount for the nation’s governance.