The Office of President has no independent or residual power and does not possess independent discretion in such matters.
That is the position of the Fiji Law Society, which has raised serious concerns following reports that His Excellency the President has declined to act on a recommendation by the Judicial Services Commission regarding the leadership of the Fiji Independent Commission Against Corruption.
In a media statement, the Society said the President must exercise the functions of his office only on the advice and recommendations tendered by the appropriate authority.
“The office of President has no independent or residual power and does not possess independent discretion in such matters,” it stated.
The society stressed that the office of 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.
It said the Constitution and the FICAC Act clearly provide that legally binding recommendations on the appointment, suspension, or dismissal of the Commissioner are made by the Judicial Services Commission, following consultation with the Attorney-General.
“Any deviation from this clear legal process undermines confidence in the integrity of our institutions and our democracy.”
The Fiji Law Society has urged the President to implement the JSC’s recommendation to immediately remove Acting Commissioner Lavi Rokoika without delay.
It said the rule of law must be protected against any encroachments, intentional or otherwise.
