The Judicial Services Commission (JSC) has firmly rejected remarks made by former Commissioner of the Commission of Inquiry, Justice David Aston Lewis, who recently suggested that Prime Minister Sitiveni Rabuka consider invoking section 111(3) of the Constitution to advise the President on the removal of Chief Justice Salesi Temo.
In a statement issued today, JSC Secretary Tomasi Bainivalu said Justice Lewis is functus officio, meaning his legal authority as Commissioner ended with the submission of the Commission of Inquiry’s final report.
“As such, he no longer has any authority to pronounce on, interpret, or direct how the recommendations are to be considered or implemented,” said Mr Bainivalu.
Justice Ashton Lewis made comments about the need for urgent implementation of the report’s 17 recommendations, including a controversial suggestion that the Chief Justice be removed.
The JSC described this suggestion as “unwarranted and inappropriate”, reiterating its full confidence in the Chief Justice’s integrity and leadership.
“The Chief Justice, as head of the judiciary, continues to discharge his constitutional duties with integrity.”
“The JSC reaffirms that constitutional processes must be respected and safeguarded.”
The JSC emphasised that the responsibility for acting on the Commission’s findings rests with the constitutional authorities, including the President and Prime Minister, and not with individuals no longer holding office.
The Commission further confirmed it is currently seeking legal advice on the recommendations and will take appropriate action in due course.
“The JSC will not entertain or dignify further commentary from individuals who no longer hold office in the Inquiry.”