JSC under fire again

The Judicial Services Commission (JSC) is again under scrutiny, facing accusations of incompetence and dysfunction.

Political commentators and Opposition figures are demanding answers over its handling of Director of Public Prosecutions (DPP) Christopher Pryde and the Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali.

On Monday, President Ratu Naiqama Lalabalavu appointed Nancy Tikoisuva as Acting DPP on the JSC's recommendation.

This follows her resignation from the same role on January 20, just five weeks after Mr Pryde was reinstated. Chief Registrar and JSC secretary Tomasi Bainivalu said Ms Tikoisuva's appointment was necessary due to Mr Pryde's continued absence.

Mr Pryde, who was expected to return this month, has sought further leave to address fresh allegations from senior DPP management.

His reinstatement came on January 17, four days before a new complaint was lodged. The tribunal that investigated his alleged "misbehaviour" cost taxpayers $88,597.45. The JSC has not responded to queries on whether another tribunal will be convened.

Mr Pryde, currently in New Zealand, has yet to comment on Ms Tikoisuva's appointment. Opposition MP Jone Usamate accused the Government of double standards, citing past actions against top officials.

"In April 2023, the Government used the JSC and Constitutional Offices Commission to remove the Chief Justice, convicted Police Commissioner Sitiveni Qiliho, Mr Pryde, and Corrections Commander Francis Kean," he said.

"Now, when there's a complaint against the FICAC Commissioner and a request by the Commission of Inquiry to stand her down, they suddenly claim they have no power to act."

He said the FICAC Act gives the JSC the authority to oversee disciplinary action.

"If they could act against the former Chief Justice and others, they can-and must-act now."

Mr Usamate said while Section 115 of the Constitution established FICAC as an independent body, it does not outline disciplinary procedures for its commissioner.

"Legal precedent and established procedures make it clear that the JSC, as the appointing body, has the authority to oversee disciplinary matters," he said.

"In the absence of specific legislation, the JSC would likely refer the matter to the Public Service Disciplinary Tribunal (PSDT), which ensures a fair, transparent, and lawful process."

He argued the Government cannot deny powers it previously exercised.

"In 2023, the Coalition Government used the JSC's authority to suspend and refer judicial officers to tribunals," he said.

"If the JSC had the power to act against judicial officers like the Chief Justice, it undoubtedly has the same authority to act against the FICAC Commissioner."

Mr Usamate also accused the Government of selective enforcement.

"This is double standards. This is not the 'change' this Government promised-it's the exact opposite," he said.

"Where is equality of treatment?

Follow the law, apply it fairly, and stop playing politics with our institutions."

Former Prime Minister Mahendra Chaudhry also criticised the JSC's handling of key legal institutions.

"Ms Tikoisuva's reappointment as Acting DPP contradicts the authority delegated by Mr Pryde to Assistant DPP Paulini Madanavosa while he remains on leave," Mr Chaudhry said.

"The Office of the DPP has been dysfunctional for months, just like FICAC, where its commissioner's appointment is under scrutiny by a Commission of Inquiry."

He blamed the JSC for the crisis.

Feedback: jone.salusalu@fijisun.com.fj