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. Any deviation from this clear legal process undermines confidence in the integrity of our institutions and our democracy.
That is the statement of the Fiji Law Society which is the professional body representing private legal practitioner members in Fiji.
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 Fiji Law Society says it will continue to monitor developments closely and advocate for adherence to constitutional norms in the interest of all Fijians.
The Judicial Services Commission met today after giving the recommendations to the President on Monday.
They have just said that they will meet again for further deliberations next Thursday.
JSC says they are committed to upholding the rule of law, maintaining the independence and integrity in it's decision making process.
Stay with us for developments.
