President of the Fiji Court of Appeal, Justice Isikeli Mataitoga has raised concerns about possible political influence within the justice system during submissions on constitutional reform.
The submission made by the judiciary also calls for the establishment of a stronger accountability framework, including an Accountability and Transparency Commission.
It is argued that such a body would be better suited to deal with abuse-of-office cases instead of placing that responsibility on other institutions.
Justice Mataitoga says this would help ensure clear and fair processes for holding leaders accountable, while reducing the risk of misuse of authority.
He adds that while judicial independence remains critical, the broader concern for the public is whether the system as a whole is fair and free from political interference.
Justice Mataitoga stresses that maintaining public confidence requires independent courts, proper checks and balances, and accountability mechanisms that operate independently and without bias.
Insert: Constitutional reform 9th April 26 PT
Justice Mataitoga says there are growing concerns that institutions such as the Fiji Independent Commission Against Corruption may be used for political purposes.
He says there have been instances where cases appear to be timed in a way that could affect elections or political candidates.
Justice Mataitoga says this raises serious concerns about public trust, as people need confidence that laws are applied fairly and not used to target individuals.
He says if key institutions are perceived to be politicised, it risks undermining the credibility of the entire justice system.
Concerns have also been raised about the concentration of power in the Constitution, particularly in the offices of the Prime Minister and the Attorney-General.
Justice Mataitoga says when too much power is centralised, it can reduce accountability and increase the risk of abuse.
He also highlights concerns that the current system may not fully uphold the separation of powers between the judiciary and the executive.
He says there are instances where rules may be interpreted or applied differently depending on political circumstances, which could affect the independence of the courts.
Justice Mataitoga stresses that courts must remain neutral and independent to ensure fair hearings and decisions.
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