Former Attorney General Aiyaz Sayed-Khaiyum emphasized the importance of addressing any constitutional issues in Fiji, particularly those involving the Fiji Independent Commission Against Corruption (FICAC), in strict accordance with the Constitution and the rule of law. His comments came in response to inquiries about the President’s constitutional obligations regarding the advice provided by the Judicial Services Commission (JSC) concerning the appointment or suspension of the FICAC Commissioner.
When asked if the President must act on the JSC’s advice without discretion, Sayed-Khaiyum refrained from directly commenting on the intent behind the drafters’ limitations on presidential powers. However, he suggested that both the JSC and the Office of the President likely sought legal counsel on the matter.
“It would not be amiss to say that both the Judicial Services Commission and His Excellency the President’s Office would have obtained legal advice,” Sayed-Khaiyum stated. He reiterated that any constitutional matters should be resolved by prioritizing constitutionalism and the rule of law.
In addition, the newspaper posed several legal questions to Sayed-Khaiyum, including whether the President is legally obligated to implement JSC advice, what constitutes a breach of constitutional duty if the President fails to act, and whether there is any discretion to question or decline such advice. They also inquired about the interpretation of “on the advice of” within Fiji’s constitutional framework and whether the drafters intended the President’s role to be merely formal.
Attempts to gather insight from Chief Registrar Tomasi Bainivalu were met with silence, as he did not respond to journalists from the newspaper who visited his office.
This ongoing discourse reflects the complexities and nuances of constitutional law in Fiji, showcasing the need for clarity and adherence to legal principles as the nation navigates these critical issues.