FICAC suspension unlawful, says Fiji law society
..
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Facebook/FLS
The Fiji Law Society says suspending the Commissioner of Fiji Independent Commission Against Corruption (FICAC) without the advice of the Judicial Services Commission is unlawful.
Society President, Wylie Clarke said it is equally unlawful for President Ratu Naiqama Lalabalavu to appoint an acting FICAC Commissioner, and dismiss its deputy commissioner and re-appoint him to a magistrate's role, without the recommendations of the Judicial Services Commission (JSC).
It follows Fiji prime minister Sitiveni Rabuka posting on social media that the president had taken several actions, in response to recommendations of a report by the Commission of Inquiry (COI) into the appointment of the FICAC Commissioner.
Rabuka said the president made decisions "after advice from me as prime minister and minister responsible for the Commission of Inquiries Act".
This included suspending Barbara Malimali
.
Clarke said according to Rabuka, Ratu Naiqama appears to have made the FICAC decisions on the advice of the prime minister, and if that's the case, these actions are not constitutional or lawful.
He said the prime minister has no constitutional role in the appointment or discipline of the Commissioner and acting deputy Commissioner of FICAC.
"It appears both the prime minister and His Excellency the president have been poorly advised on their powers," the Law Society boss said in a statement.
"The Government statement says that his Excellency acted in accordance with sections 81 and 82 of the Constitution. However s.82 is very clear. The president
acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by this Constitution for a particular purpose as the body or authority on whose advice the president acts in that case.
"In this case the 'prescribed authority' is the JSC."
The Law Society statement added that the "FICAC saga" has distracted the government for many months and the Society had hoped the COI report would bring that to an end.
Fiji Opposition leader, Inia Seruiratu, has called on the Government to make the COI report public.
Seruiratu told local media he's not worried about the developments, saying everyone is replaceable.
But he said the report should be made available to the public for the sake of transparency.
Fijian Attorney General, Graham Leung, has also been dismissed by the prime minister, who cited findings from the same COI report.
Pac News
reported him saying the decision is in the best interest of the people that his government serves.
Fiji Village
reported Leung saying he respects the constitutional authority of the prime minister.
Leung had been the Attorney-General for less than a year.
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