Govt needs to follow the constitution when appointing the Attorney General – SODELPA GS

One of the partners in the coalition government, SODELPA says the government needs to follow the constitution when making appointments like the new appointment of the Attorney General.

SODELPA General Secretary, Viliame Takayawa says the constitution is clear and Filimoni Vosarogo has to take the right step when the Prime Minister decided to appoint him as the AG.

Takayawa says they do not support any breach to the constitution which is the supreme law of the land.

Prime Minister, Sitiveni Rabuka has said to fijivillage News that he will go ahead with the reallocation of portfolios in the Coalition Cabinet but now that we have the Fiji Law Society’s official views, he will also wait for them to take the matter to court as they have stated in their letter of concern.

Rabuka has made this clear when asked on his stand on appointing Vosarogo as the new Attorney General from today after the call by the Fiji Law Society to withdraw Vosarogo's AG appointment.

Rabuka has also told us that he had received an assurance from Vosarogo before the first Cabinet lineup was made in December last year, so he made that decision last week.

The Fiji Law Society advised the Prime Minister that Vosarogo is disqualified from holding the office of Attorney General under section 96(2)(b) of the 2013 Constitution.

Vosarogo has referred all questions to the Prime Minister.

Vosarogo had earlier told fijivillage News that if anyone doesn't agree or feels that the Prime Minister's appointment of the Attorney General breaches the Constitution, they are free and entitled, to seek the courts determination on the reassignment as everyone is entitled to do in a free and democratic society.

Vosarogo says the Prime Minister has taken legal advice on the application of Section 96 of the Constitution.

The newly appointed Attorney General also says the ILSC is not a guilt finding Commission.

He says the Commission has powers to make determination on application by the Chief Registrar.

Vosarogo says it makes orders, not findings of guilt.

He stresses that is the domain of the criminal courts, not for a tribunal like the ILSC.

Vosarogo adds section 96 of the constitution is a product of poor and moot legislative drafting because it seeks to provide a disqualification provision that does not correlate with the substantive law for legal practitioners.

Section 96 of the constitution states that the Minister appointed as the Attorney General is the chief legal adviser to the Government.

It further says a person is not qualified to be appointed as the Attorney General unless he or she— (a) is admitted as a legal practitioner in Fiji and has had not less than 15 years post-admission practice as a legal practitioner whether in Fiji or abroad; and (b) has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.