President Ratu Naiqama Lalabalavu confirms he is still waiting for the response from the Judicial Services Commission.
The President has confirmed this to fijivillage News when we questioned him today on when he will act on the recommendations given to him by the JSC regarding the FICAC Commissioner, and whether he has agreed for Acting FICAC Commissioner, Lavi Rokoika to leave her office.
We have also asked the President to clarify to the people of Fiji on when he will act on the recommendations of the JSC which has recommended that Rokoika should leave the FICAC post as she was not legally appointed, and her name was not recommended by the JSC.
We have also asked whether he is getting legal advice and from who.
We have been informed that the President has asked the JSC to include a severance payout for Rokoika and an opportunity for her to reapply for the FICAC post.
This question has also been posed to the President.
We have also asked if this is correct, and why is this being asked when the JSC as the constitutional body has said that Rokoika should leave her office as she was not legally appointed.
The President has not made any comments.
Meanwhile the Fiji Law Society says the President must act solely on the recommendations of the Judicial Services Commission on matters pertaining to the appointment, suspension, or dismissal of the FICAC Commissioner or Acting Commissioner, following consultation with the Attorney-General.
They say any deviation from this clear legal process undermines confidence in the integrity of our institutions and our democracy.
The Fiji Law Society Council says Fiji stands at a pivotal juncture in its constitutional history.
They say in light of the JSC's clear recommendation to immediately remove Lavi Rokoika as Acting FICAC Commissioner, on the grounds that her appointment was unlawful, they respectfully but firmly urge the President to implement the JSC’s recommendations without delay.
They say they understand from media reports that the President has declined to act on the Judicial Services Commission’s recommendation unless certain accommodations are made for Lavi Rokoika.
The Law Society Council says if these reports are accurate, the Fiji Law Society wishes to express its serious concern about this matter.
They say the President must exercise the functions of his office only on the advice and recommendations tendered to him by the appropriate authority.
The Fiji Law Society says the office of the President has no independent or residual power and does not possess independent discretion in such matters.
They say the office of the President is not empowered to select alternatives, withhold action, or engage in bargaining with institutions that are constitutionally and statutorily required to provide legally binding recommendations and advice.
The Law Society says in relation to the power of appointment and dismissal of the Commissioner of FICAC, the Constitution and the FICAC Act clearly provide that those legally binding recommendations are made by the JSC.
They say the rule of law is the cornerstone of our society, and it must be protected rigorously against any encroachments, intentional or otherwise.
The Judicial Services Commission will meet again on Thursday.
Stay with us for developments.
