The ongoing standoff between President Ratu Naiqama Lalabalavu and the Judicial Services Commission (JSC) regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC) raises significant constitutional questions. Senior lawyer Jon Apted believes that while the President must eventually act on recommendations from constitutional bodies, he is entitled to seek clarification and legal advice to ensure the legality of those recommendations.
Apted asserts that the current Fijian Constitution mandates the President to act only on the advice of a Minister, the Cabinet, or other prescribed bodies. He emphasized that while the President cannot exercise his functions solely based on personal judgment, he is not obligated to follow recommendations blindly. “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 stated.
The deadlock is exacerbated by reports suggesting that the President has not fully accepted the JSC’s recommendation regarding the FICAC Commissioner. Apted highlighted the importance of transparency in a digital age where narratives can quickly shift, potentially affecting public confidence 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 urged.
Legal authorities are divided on the interpretation of the 2013 Constitution, especially concerning the roles and responsibilities of the President in relation to the JSC’s recommendations. Recent High Court rulings, including a case involving Barbara Malinmali, have established that the President must act on JSC recommendations unless they are deemed unlawful.
As discussions continue, it is crucial for the involved parties to navigate this impasse swiftly to prevent a constitutional crisis and maintain public trust in Fiji’s institutions. The legal complexity of the situation, coupled with the urgency for resolution, highlights the delicate balance between adhering to constitutional mandates and ensuring the rule of law within the country. The hope is that a resolution can be reached, allowing FICAC to resume its critical work without further disruption.