Rabuka says it is sad to see the way the Solicitor General has been suspended, and he sees the action being taken as out of proportion

People’s Alliance Party Leader, Sitiveni Rabuka says it is sad to see the way the Solicitor General, Sharvada Sharma has been suspended, and he sees the action being taken as out of proportion.

Rabuka says it is deeply disturbing and concerning that this is being done against some honest, faithful, competent, hard-working and experienced senior state officials.

Rabuka says the people of this nation deserve to see that justice is being done without prejudice on this very disturbing case.

He says he is sure the People's Alliance does not stand alone in this view, and calls on all like-minded parties and organisations to speak out against unjust and exploitative actions.

Sharma has been suspended by President Jioji Konrote after an allegation of misbehaviour however details of the specific allegation are not revealed as yet.

This has been confirmed to Legend FM News by Chief Justice Kamal Kumar who is the Chairman of the Judicial Services Commission.

Chief Justice Kumar says he cannot comment on who made the allegation of misbehaviour against the Solicitor General however a tribunal will now be appointed by the President to hear the case.

He confirms that the Judicial Services Commission met on Monday and advised the President to act under sections 112 and 116 of the Constitution regarding the Solicitor General. Under section 116 (5) of the Constitution, the Solicitor General shall be appointed by the President on the recommendation of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney General.

Under section 116 (6), the President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney General, appoint a person to act as the Solicitor General during any period or during all periods, when the office of the Solicitor General is vacant or when the Solicitor General is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.

Section 104 (1) states that the Judicial Services Commission shall consist of the Chief Justice, who is to be the chairperson; the President of the Court of Appeal; the Permanent Secretary responsible for justice; a legal practitioner to be appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney General and who has not less than 15 years post-admission practice; and 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; and a person, not being a legal practitioner, appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General.

Section 112 (3)(a) of the Constitution states that the President, acting on the advice of the Judicial Services Commission, shall appoint in the case of alleged misbehaviour — a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or have held high judicial office in Fiji or in another country. We have sent questions to Attorney General, Aiyaz Sayed-Khaiyum on the reason for the Solicitor General’s suspension and allegations of misbehaviour. We have also asked him whether the appointment of an Acting Solicitor General has been made. He is yet to comment.

Fijivillage has also sent questions to Sharvada Sharma however he is yet to respond.

We have also sent questions to the Office of the President.