Pryde wins first round in legal battle over pay suspension

The High Court in Suva has granted Director of Public Prosecutions Christopher Pryde leave to file a judicial review challenging the suspension of his salary and benefits by the Judicial Service Commission (JSC) and the President of Fiji.

Justice Savenaca Banuve delivered the ruling yesterday during Pryde’s court appearance. Pryde is represented by Ashnil Narayan of AK Lawyers.

The judge ruled that under Order 53 Rule 3(5) of the High Court Rules, Pryde had established an arguable case, demonstrated sufficient interest, and had not delayed in bringing the matter.

The court noted that the President’s decision of July 25 affected Pryde’s livelihood.

However, Justice Banuve raised concerns about how the relief sought was framed.

He said that Pryde had not clearly identified the remedies he was pursuing. It remained unclear whether he sought prerogative remedies, such as certiorari, mandamus, or prohibition or declaratory orders.

The judge stressed that the court’s role is limited to reviewing the decision-making process and would not act as a court of appeal or interfere with constitutional powers or discretion unless the decision-maker acted outside lawful functions. The central issue is the constitutional authority to suspend Pryde’s pay and benefits.

Mr Narayan argued that under Section 112 of the 2013 Constitution, the President may suspend an office holder pending investigation, while respondents relied on Section 117(5), saying it was intended to encourage Pryde to return to Fiji and resume duties.

The court refused Pryde’s application for a stay to resume salary while the review is ongoing.

Justice Banuve set a timetable for the judicial review, ordering all documents to be filed by January 26, with the hearing scheduled for February 26, 2026. Both parties were advised to tighten submissions, as some relief sought was duplicative.