Prime Minister Sitiveni Rabuka has no legal authority not to release the Commission of Inquiry report, said former Attorney General, Aiyaz Sayed-Khaiyum.
He said with this decision, the Commission of Inquiry has now been “effectively muzzled.”
“In other words, the Fijian public won’t get to know what COI found out and recommended,” he said.
“And also why are certain people being suspended, fired and appointed without adherence to the law and to the Constitution and without reasons given to the public.”
Mr Sayed-Khaiyum added the President’s office has allowed the Prime Minister to take over this process.
“Under the Commissions of Inquiry Act, it is the President who appoints the Commission.”
“Once the Commission is appointed by the President, the Commission carries out its inquiry, prepares its report and then hands it over to the President.”
“Not to the Prime Minister. No where in the Act does the Prime Minister feature in this process. In fact, the Prime Minister is not even once mentioned in the Act.”
Mr Sayed-Khaiyum said PM Rabuka “is not being given proper legal advice, or maybe he is not listening to proper advice.”
“’Maybe the Prime Minister believes he can intervene in anything because he is the Prime Minister, irrespective of the law and the Constitution.”
“Or maybe the Attorney-General and the Solicitor General are giving their legal opinions based political imperatives/pressure rather than the law and the Constitution.”
