The High Court has highlighted the political composition of the Constitutional Offices Commission (COC), with Justice Dane Tuiqereqere noting in his ruling yesterday that its members are either politicians or selected by politicians.
In his judgment that ruled the termination of Barbara Malimali as FICAC Commissioner was unlawful, , Justice Tuiqereqere outlined the constitutional framework establishing the COC under Section 132 of the Constitution, contrasting it with the Judicial Services Commission (JSC).
“The members comprising COC are the Prime Minister, the Leader of the Opposition, the Attorney-General, two persons appointed by the President on the advice of the Prime Minister, and one person appointed by the President on the advice of the Leader of the Opposition,” Justice Tuiqereqere noted.
He observed that this structure gives the COC a significantly different character from the JSC.
“It has a much more political make up than JSC. All of the members are either politicians or selected by politicians,” the judge said.
Justice Tuiqereqere explained that while the COC plays an important constitutional role, its responsibilities extend across a wide range of senior state appointments, including the Commissioner of Police, the Commissioner of the Fiji Corrections Service, the Commander of the Military Forces, the Auditor-General and the Governor of the Reserve Bank of Fiji.
“COC is responsible for providing advice to the President on the appointments of a number of office holders,” he said, noting that these roles are distinct from those governed under other parts of the Constitution.
Justice Tuiqereqere stressed that the design and composition of constitutional bodies matter, particularly when questions of independence, legality and the separation of powers are before the Court.
