THE Judicial Services Commission (JSC) is unable to make any decisions regarding the position of Acting Anti-Corruption Commissioner Lavi Rokoika, as the matter is now before the High Court, according to its chair, Chief Justice Salesi Temo.
He said yesterday that the Commission’s role was effectively on hold while legal challenges against Rokoika’s appointment were being determined. The cases have been brought by former deputy prime ministers Biman Prasad and Manoa Kamikamica.
Justice Temo said the issue is now solely within the jurisdiction of the High Court, emphasising that only the judiciary has the authority to determine the legality of the appointment.
“That issue is alive in Justice (Siainiu Fa’alogo) Bull’s court,” he said.
He stressed that judicial power rests with the High Court and that the JSC must respect the legal process currently underway.
A ruling is expected to deliver a ruling on May 6.
However, the decision could come earlier if related rulings in the cases filed by Prasad and Kamikamica are issued on April 24 or May 1.
Justice Temo said the Commission’s intention to resolve the matter by the end of the month is no longer within its control.
“This situation reflects the practical application of the rule of law as enshrined in Fiji’s Constitution.”
He further indicated that even after a High Court ruling, delays could persist if Ms Rokoika appeals the decision to the Court of Appeal, prolonging a final resolution.
When asked what steps the JSC would take if Rokoika’s appointment is declared unlawful, Justice Temo said the Commission would respond based on the court’s findings.
“We’ll have to take that into account and then make our decision accordingly, in whatever recommendation we give to His Excellency the President (Ratu Naiqama Lalabalavu).”
Justice Temo added that the Commission cannot predict the outcome at this stage and will await the court’s decision before taking further action.
