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 courts determination on the reassignment as everyone is entitled to do in a free and democratic society.
That's the comments of newly appointed Attorney General, Filimoni Vosarogo after questions being raised in different platforms and circles on Vosarogo's qualification to be the Attorney General based on the requirements under the 2013 Constitution.
The issue raised is based on the formal orders of the Independent Legal Services Commission in the case filled to the ILSC by the Chief Registrar against Filimoni Vosarogo in 2016. In that order, the then Independent Legal Services Commissioner, Doctor Thomas Hickie said the four counts of professional misconduct have been proven against Vosarogo by his pleas of guilty formally entered on his behalf by his counsel on 7th June 2017.
When approached by fijivillage News today, Vosarogo stated that he has accepted the ministerial reassignment assigned to him by Prime Minister, Sitiveni Rabuka and he will assume the office of the Attorney General as assigned in the Prime Minister's letter dated 13th October 2023.
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.
He says the ministerial reassignment is valid and will come into force on Tuesday 17th October 2023.
Vosarogo says for now, the Prime Minister has acted according to his powers under the constitution to make ministerial appointment and/ reassignment and that is final.
He says it is significantly important on his part to honour the appointment and trust placed in him by the Prime Minister and that is what he intends to do from Tuesday.
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.
Minister for Lands and Mineral Resources, Filimoni Vosarogo is the new Attorney General and Minister for Justice while Attorney General, Siromi Turaga is reassigned to the ministerial portfolio of Lands and Mineral Resources.
Prime Minister Rabuka has also announced that Ifereimi Vasu is reassigned to the ministerial portfolio of Education and Aseri Radrodro is reassigned to the ministerial portfolio of Minister for iTaukei Affairs.
Rabuka says the reshuffle is intended to enhance governance, improve policy coordination, and further improve service delivery to the people of Fiji,
The coalition government says these strategic changes reflect the government's dedication to fulfilling its responsibilities to the people of Fiji and ensuring that the nation continues on the path to progress and development.
Rabuka is yet to make further comments.
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