The Fiji Law Society has expressed serious concern over reports that the President has declined to act on a recommendation from the Judicial Services Commission (JSC) regarding the Acting Commissioner of the Fiji Independent Commission Against Corruption, Ms Lavi Lutu Rokoika.
In a statement issued today, Fiji Law Society Council said Fiji is at “a pivotal juncture in its constitutional history” and warned that failure to follow constitutionally mandated processes threatens the rule of law and democratic governance.
“If these reports are accurate, the Fiji Law Society wishes to express its serious concern about this matter,” the Council said, referring to claims that action on the JSC’s recommendation is being delayed pending compensation arrangements.
The Society stressed that the Constitution leaves no room for discretion in such circumstances.
“His Excellency the President must exercise the functions of his office only on the advice and recommendations tendered to him by the appropriate authority,” the statement said. “The office of the President has no independent or residual power and does not possess independent discretion in such matters.”
It said the President is not empowered to “select alternatives, withhold action, or engage in bargaining” with institutions that are constitutionally and statutorily required to provide binding recommendations.
On the appointment and removal of the FICAC Commissioner, the Society said the Constitution and the FICAC Act are explicit.
“The President must act solely on the recommendations of the JSC on matters pertaining to the appointment, suspension, or dismissal of the FICAC Commissioner or Acting Commissioner,” the statement said, adding that any deviation from this process “undermines confidence in the integrity of our institutions and our democracy”.
The Fiji Law Society noted that the JSC had made a clear recommendation for the immediate removal of Ms Rokoika on the grounds that her appointment was unlawful.
“In light of the JSC’s clear recommendation to immediately remove Ms Rokoika, we respectfully but firmly urge His Excellency the President to implement the JSC’s recommendations without delay,” the Council said.
Reaffirming its role as the professional body for private legal practitioners, the Society said it remains committed to defending constitutional processes and institutional independence.
“The rule of law is the cornerstone of our society, and it must be protected rigorously against any encroachments, intentional or otherwise,” the statement said. “The Fiji Law Society will continue to monitor developments closely and advocate for adherence to constitutional norms in the interest of all Fijians.”
