The Prime Minister should immediately institute a Commission of Inquiry as provided for under the Commission of Inquiry Act, if he wants to instill public confidence and show a practical commitment to the rule of law, constitutionalism and the independence of Constitutional offices and institutions.
Former attorney-general Aiyaz Sayed-Khaiyum made this comment in response to claims made by former acting deputy commissioner of FICAC Francis Puleiwai that ministers and high-ranking government officials were interfering with the FICAC.
“The ball is in his (Mr Rabuka’s) court,” Mr Sayed-Khaiyum said.
“It is time for the Prime Minister Sitiveni Rabuka to show all Fijians and our development partners that he is above all, committed to the rule of law, safeguarding the independence of institutions and the separation of powers as provided for in the Fijian Constitution.
“The Prime Minister must do so because such matters have an enormous negative impact on investments, investor confidence, and overall on the economy.
“Our economy is not growing at the rate it should be, and there is rapid growing disparity between the rich and the poor.
“The Prime Minister must further do so because our credentials, credibility, and standing in the regional and international community, together with our development partners and international agencies, are at stake.”
He said those who had said that there was no constitutional avenue for a Commission of Inquiry, were wrong.
“The Commission of Inquiry confined to the specific allegations in its terms of reference would not in any way interfere with any of the independent Constitutional processes.
“However, for the Commission of Inquiry to have any credibility, members of the Commission cannot be picked from those already prejudiced, tainted with bias or are close to any of the individuals implicated in the allegations.
“Just as importantly, the terms of reference of the Commission of Inquiry also cannot be drafted by any such persons.”
Mr Sayed-Khaiyum said if these conditions were not met in the setting up of a Commission of Inquiry, then any other Commission of Inquiry will be a mere stunt, and a travesty.
“It will further exacerbate an already ailing state of affairs.
“The Prime Minister must arrest the situation.”
Prime Minister Sitiveni Rabuka agreed a Commission of Inquiry was the most appropriate and impartial means to address allegations surrounding the work of Fiji Independent Commission Against Corruption (FICAC).
He said an independent commission would be better positioned to address the issues raised by Ms Pulewai, particularly those involving alleged ministerial interference in FICAC investigations.
“If such an inquiry determines that there was indeed undue interference, the due process recommended by the Commission of Inquiry will have to be carried out,” Mr Rabuka said.
