Prime Minister Sitiveni Rabuka and Acting Prime Minister Filimoni Vosarogo have not responded to questions from The Fiji Times regarding the legal basis for the reassignment of the Fiji National University (FNU).
The questions were sent yesterday amid growing public debate over the decision to shift FNU’s management oversight from the Ministry of Education to the Ministry of Strategic Planning, National Development and Statistics as announced in a statement by Mr Vosarogo on Monday night.
Under the Fiji National University Act, the minister responsible for FNU is the minister responsible for tertiary education.
The Fiji Times sought clarification from the Prime Minister on which specific legal pathway was being relied upon to effect the reassignment, and whether he intended to formally assume the Education portfolio through gazettal, or whether the Government planned to amend the Fiji National University Act in Parliament to allow FNU to be reassigned to another ministry or portfolio.
The Prime Minister was also asked how directives issued by his office, in relation to FNU, could be considered legally valid if neither of those steps had been taken under the current law.
Political and legal commentators have raised concerns that, until the Act is complied with or amended, any directive issued by the PM concerning FNU may be legally invalid and should not be recognised by the university’s council, management or staff.
Meanwhile, the reassignment was yesterday publicly acknowledged by Minister for Education Aseri Radrodro, who said he informed the FNU Council of the change following the PM’s directive.
Mr Vosarogo said late yesterday he would respond to the concerns raised today.
However, in a statement on Monday he said legislative changes required to formalise the reassignment of the FNU will be taken to Cabinet once the PM returns from overseas.
He said the PM had the constitutional authority to determine ministerial responsibilities and the direction of government, including where FNU sits within the public service structure.
