The Fiji Independent Commission against Corruption has raised concerns that its current legal obligation to report to the Attorney-General undermines its independence.
Acting Commissioner Lavi Rokoika told the Constitution Review Committee yesterday that the requirement creates a structural imbalance not seen in comparable institutions.
“There is a provision at subsection 9 of the FICAC Act that talks about mandatory reporting to the Attorney-General,” she said.
She compared this with the Office of the Director of Public Prosecutions, saying that the difference weakens the Commission’s autonomy.
“Comparing that with the DPP’s office … there is no equivalent to the DPP’s office.
“That, we believe, weakens the independence of the commission of FICAC.”
She also pointed to contradictions within the law itself, where independence is guaranteed but reporting obligations pull in another direction.
“Both of them cannot work together as being independent whilst the Attorney-General reference is specifically provided.”
She added that FICAC is now proposing that reporting lines be redirected away from the Attorney-General.
“We are stating that reporting is to be done to Parliament as a whole, not to a particular office holder, in this instance Attorney-General.”
Ms Rokoika said this was particularly important in cases involving senior officials.
“If there is supposed to be an investigation against any of the executives, for instance the Attorney-General, that might pose difficulties with the Commission.”
She stated that references to the Attorney-General should be removed and replaced with direct reporting to Parliament to safeguard the Commission’s independence.
