Lawyer Tanya Waqanika says there are constitutional options available if the current standoff between the President and the Judicial Services Commission (JSC) over the leadership of the Fiji Independent Commission Against Corruption (FICAC) is not resolved.
Ms Waqanika said provisions exist within the Constitution for the President to be referred to a tribunal if he fails to act in accordance with the law.
“I honour his position and his role, but I only fear God,” she said in a strongly worded public statement.
Her comments come as uncertainty continues over the leadership of FICAC following a recent High Court ruling by Justice Dane Tuiqereqere, which found that the removal of former Commissioner Barbara Malimali was unlawful.
The court ruled that the President must act on the advice of the JSC in matters relating to appointments and removals, and referred the issue back to the commission for its determination including the status of Acting Commissioner Lavi Rokoika.
Former Director of Public Prosecutions Aca Rayawa has also weighed in, contending that the courts should not continue accepting FICAC documents if there are legal doubts about whether the Acting Commissioner is lawfully appointed.
In a Facebook post, Mr Rayawa suggested the Chief Justice could issue a directive to court registries not to accept charges sanctioned and filed by FICAC in light of the ruling.
He argued that once the JSC complies with the judgment and submits its recommendations to the President, the courts can no longer continue as if the Commissioner’s position is legally settled.
The JSC is expected to reconvene on March 25 and deliver a final decision on Ms Malimali’s status before March 31.
In the meantime, the commission has submitted a recommendation relating to Ms Rokoika’s position to Ratu Naiqama Lalabalavu, who is yet to act.
