I will go ahead with the reallocation of portfolios in the Coalition Cabinet but now that we have the Fiji Law Society’s official views, I will also wait for them to take the matter to court as they have stated in their letter of concern.
Prime Minister, Sitiveni Rabuka has made this clear to fijivillage News when asked on his stand on appointing Filimoni 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 has written to Prime Minister Rabuka expressing its concern regarding the appointment.
Society President, Wylie Clarke says they have informed the Prime Minister that it cannot support, and must record its strong objection to Vosarogo’s appointment.
The 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.
Clarke says the appointment cannot be lawfully made.
The Society noted that it is a matter of public record that Vosarogo, as a legal practitioner, pleaded guilty in a number of disciplinary proceedings before the Independent Legal Services Commission.
Clarke says compliance with the laws of Fiji is not a matter of choice.
He says a fundamental principle of the rule of law is that the law applies equally to everyone including the Government of the day.
The Law Society President also says the Society expressed concern about comments attributed to Vosarogo in the media in which he is reported saying that anyone who disagrees with his appointment can take the matter to court.
Clarke says the comments are unedifying but also unnecessary given that his disqualification from holding the office of Attorney General is obvious.
The Society states that it will pursue this matter in court if forced to do so, but hopes that it will not be necessary.
Vosarogo has referred all questions to the Prime Minister.
He will take up the AG appointment from today.
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 courts determination on the reassignment as everyone is entitled to do in a free and democratic society.
The issue raised is based on the formal orders of the Independent Legal Services Commission in the case filed 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, Vosarogo stated that he has accepted the ministerial reassignment assigned to him by Prime Minister 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 today.
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 today.
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.
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.
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