The President and the Judicial Services Commission remain silent after the JSC's recommendation yesterday that Acting FICAC Commissioner, Lavi Rokoika should leave the FICAC office as she is not legally appointed under the FICAC Act.
This is a major legal dilemma as the body that recommends the appointment, suspension or dismissal of the FICAC Commissioner to the President is the JSC.
However, there are suggestions now that the President is seeking legal advice.
As that happens, Rokoika remains at the FICAC office.
fijivillage News has been reliably informed that the President is seeking advice from the Solicitor General's Office.
Under the FICAC Act, the President is to act on the recommendations of the JSC.
High Court Judge, Justice Dane Tuiqereqere has already said in his ruling that the JSC is expected to decide on Rokoika and also on Barbara Malimali as Malimali's removal as FICAC Commissioner by the President on the advice of the Prime Minister was unlawful.
The JSC did not recommend Rokoika's name to the President, and she was also not part of the shortlist for the job.
It is understood salary payout issues and the option for Rokoika to reapply for the post are some of the matters.
However these are not the legal recommendations of the JSC as they do not see her as a legal appointee.
The JSC's recommendation has also been done in consultation with the Acting Attorney General, Siromi Turaga as required under the Act.
We have also sent questions to all the JSC members on what is the delay and whether they are concerned about Rokoika staying on, and what they are doing to ensure that no files are tampered with and other security measures at the FICAC office.
Stay with us for developments.
