Justice Minister blunder, Corrections Chief back at work

A directive by Justice Minis­ter Siromi Turaga to place Fiji Corrections Service Commissioner Jalesi Nakarawa on extended leave has sparked a constitutional standoff, with le­gal experts and the commissioner himself calling the move unlawful.

Former Attorney-General Aiyaz Sayed-Khaiyum, in a statement on ‘Facebook’ yesterday, labelled Minister Turaga’s action a “consti­tutional debacle,” asserting that it bypassed established procedures.

“Under section 130(4) of the Fijian Constitution, the ‘Commissioner of Fiji Corrections Service is ap­pointed by the President on the advice of the Constitutional Offices Commission’ (‘COC’) ‘following consultations with the Minister responsible for the Fiji Corrections Service,” Mr Sayed-Khaiyum said.

“Put simply, CFCS through COC, is a Constitutional appointment by the President. Therefore, com­plaints about the CFCS, which are not frivolous and vexatious and which cannot be dealt with through the daily operational pro­cesses or through the Courts, are to be dealt with by COC.”

Commissioner Nakarawa echoed these concerns, challenging the legality of the minister’s decision.

“Section 22(1) of the Corrections Act allows for a committee to be appointed for inquiries. It does not grant the minister authority to send a Constitutional Office holder on leave for investigations,” Commissioner Nakarawa said.

“If there are serious allegations, they must come through the COC via the President.”

“The Minister cannot order me to go on extended leave. The section he is invoking is talking about a committee to enquire and not leave for an investigation.

“The section he is invoking should come from the appointing authority. Not from him. There is a simple misunderstanding here.”

Mr Nakarawa confirmed resuming duties yesterday after completing a planned leave, noting that he had written to Minister Turaga seeking clarification.

“I received a hand-delivered letter on Tuesday morning, but before I finished reading it, the ministry announced my extended leave on Facebook. I had no choice but to respond online to correct the misconception,” he said.

“I have written back to the Minister stating my arguments and also seeking him to outline the allegations that have been made against me,” he said.

“It’s the second day now I still have not been made aware of allegations made against me that warranted the investigation.”

Mr Turaga, however, maintained that Mr Nakarawa had not returned to duty and said the allegations would be disclosed “in due course”.

Meanwhile, Mr Sayed-Khaiyum further warned that the minister’s actions undermine the Constitution, the President’s authority, and due process.

“While it is clear that this is the case, however, even if one were for some unknown reason in doubt, any lawyer worth their salt would know that a Constitutional provision will always override any other law as the Constitution is the supreme law of the land,” he said.

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