Former Attorney General Aiyaz Sayed-Khaiyum has spotlighted the necessity of addressing constitutional matters in Fiji, specifically those related to the Fiji Independent Commission Against Corruption (FICAC), in alignment with the nation’s Constitution and the rule of law. His statement emerged in light of questions regarding the constitutional responsibilities of the President concerning the Judicial Services Commission’s (JSC) recommendations on the appointment or suspension of the FICAC Commissioner.
When queried about whether the President is required to adhere to the JSC’s advice without the ability to exercise discretion, Sayed-Khaiyum opted not to delve into the underlying intentions of the constitutional drafters concerning presidential authority. He hinted, however, that both the JSC and the Office of the President were likely to have sought legal opinions on the subject.
“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,” he noted. Sayed-Khaiyum emphasized that any constitutional dilemmas should be approached with a commitment to constitutionalism and the rule of law.
Furthermore, the newspaper posed several legal inquiries to Sayed-Khaiyum, including whether the President is mandated by law to act on the JSC’s recommendations, what constitutes a violation of constitutional duty if the President refrains from acting, and whether there exists any latitude to challenge or refuse such advice. They also sought clarification on the meaning of “on the advice of” within the constitutional context of Fiji and the intentions behind the drafters regarding the President’s role being merely procedural.
Attempts to garner a response from Chief Registrar Tomasi Bainivalu were unsuccessful, as he did not reply to inquiries made by the newspaper’s representatives during their visit to his office.
This ongoing discussion illustrates the intricate dynamics of constitutional law in Fiji, highlighting the pressing need for clarity and adherence to established legal principles as the country confronts these significant issues. The emphasis on legal clarity reflects a hopeful commitment to uphold the rule of law, which is essential for the nation’s governance and public trust.