‘Rule of law must take its course,’ says Chief Justice Temo

Judicial Service Commission chairman yesterday appealed for patience as key legal battles dragged on in the courts. Chief Justice Salesi Temo said the rule of law must take its course despite growing public scrutiny.

He said ongoing appeals and pending court decisions had delayed efforts to resolve high-profile matters, including the Barbara Malimali case and the controversy surrounding the appointment of Fiji Independent Commission Against Corruption Acting Commissioner Lavi Rokoika.

“You have to understand that every litigant has the right to go to the higher courts if a decision is made against them,” Justice Temo said following the Judicial Services Commission (JSC) meeting yesterday.

“That process is now in train, and we must await the outcome,” he said.

Mr Temo said the JSC could not intervene while matters were before the courts, reiterating that judicial authority rested solely with the judiciary.

“We are not a court. We are a commission. The power to decide these issues lies with the courts—from the Magistrate Court up to the Supreme Court.”

The delays mean the Commission’s earlier target to conclude matters by the end of March is no longer feasible, with timelines now pushed to late April or May, he said.

At the same time, a separate ruling on the legality of Rokoika’s appointment is expected from the High Court, with judgment anticipated on April 24 and further proceedings listed for early May.

Mr Temo said until the court delivered its ruling, the Commission could not make any determination.

“No court has declared the appointment unlawful at this stage. Opinions may vary, but we are bound only by what the court decides.”

Despite the legal setbacks, Temo noted that parties are still free to negotiate settlements outside of court, as the matters remain civil in nature.

He described the current situation as a “practical application of the rule of law,” urging the public to respect the legal process.

“What Fiji is experiencing now is how the system works. It is better to resolve disputes in court than through conflict.”

Mr Temo likened the judicial process to a boxing match, with cases progressing from the High Court to the Court of Appeal and ultimately the Supreme Court if necessary.

“Each level is another round, and parties are entitled to go all the way,” he said.

He said any future decision by the Commission would depend on the outcomes of the courts, including recommendations to the President if required.

For now, Justice Temo is calling for patience.

“We ask the public to allow the courts to do their job. That is what the system is designed for.”