Cabinet Seeks Advice on Reshuffle, Judicial Appointments

The cabinet reshuffle dra­ma on the appointment of the Attorney-General and other judicial appointments is still on the table.

This is after Prime Minister Sitiveni Rabuka confirmed that the Office of the Solicitor-Gen­eral had been advised to prepare Government's case to refer a question of law to the Supreme Court in its sitting this month.

This is not only on the failed Cabinet reshuffle but also on no­table judicial appointments that had received widespread criti­cism.

Last year, the Fiji Law Society had strongly objected the appointment of Filimoni Vosarogo as Attorney-General given that he ‘pleaded guilty’ to a number of disciplinary proceedings before the Independent Legal Services Commission, breaching section 96(2)(b) of the 2013 Constitution.

This was when he was a practicing lawyer.

Siromi Turaga was to be appointed the Minister for Lands and Mineral Resources.

The Cabinet seeks to determine whether the Independent Legal Services Commission’s finding in a disciplinary proceeding instituted against Mr Vosarogo, was consistent with the intended finding of guilt in the constitutional provisions.

Mr Rabuka said: “It’s a matter of interpretation of the constitution.”

Background

On October 13, 2023 Mr Rabuka announced a ‘strategic reassignment of ministerial portfolios’ intended to enhance governance, improve policy coordination, and further improve government’s service delivery.

Fiji Law Soceity president Wylie Clark said it was a matter of public record that Mr Vosarogo, as a legal practitioner, was found guilty by the ISLC.

Section 96(2)(b) of the 2013 Constitution states that a person is not qualified to be appointed as the Attorney-General unless he or she has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.

Mr Vosarogo’s appointment was also strongly objected to by the Opposition, the RFMF among other objections received by Cabinet.

Acting Chief Justice Salesi Temo is the president of the Supreme Court with 12 visiting judges as its members.

Supreme advice

Mr Rabuka confirmed that the Solicitor-General has been advised to consult a suitable qualified counsel to assist in the presentation of the Government’s case.

The Office of the Solicitor-General will prepare the necessary application on behalf of Cabinet to the Supreme Court for consideration in this month’s sitting of the Supreme Court.

“There were some questions raised about my decisions on the cabinet ministers reshuffle and the second one was on the complaints from the legal fraternity on some appointments in the profession,” Mr Rabuka said.

“Those are beyond our jurisdiction, when there are two equally qualified organisations complaining its better we go to the higher authority.”

“We will wait until that comes out and play it the best way we can after the decision is made.”

In a February Cabinet meeting, Government had approved the referral of a question of Law to the Supreme Court on the appointment of Judicial and other Constitutional Offices.

This is in compliance with section 91(5) of the Constitution, Cabinet will make a referral to the Supreme Court of Fiji concerning the interpretation of sections 105(2)(b) of the Constitution.

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