PM Rabuka Has Power To Reshuffle Ministers

Career civil servant and former Permanent Secretary for the Office of the Prime Minister, Jioji Kotobalavu says Prime Ministe Sitiveni Rabuka has the power under the 2013 Constitution to appoint and reshuffle Cabinet ministers.

Mr Kotobalavu was responding to the debacle surrounding Filimoni Vosarogo’s appointment as the new Attorney-General which was labelled as a breach of the 2013 Constitution.

He said the Prime Minister as the head of Government had full and sole authority under section 92 (3) of the 2013 Constitution to appoint ministers and to assign their portfolio responsibilities.

This power includes reshuffling ministerial portfolio responsibilities from time to time, he added.

“The PM also has full and sole authority under section 92 (4) to appoint a minister to serve as acting PM when the PM is absent from duty or from Fiji,” Mr Kotobalavu said.

“A decision by the PM as head of Government, or a decision by Cabinet, on any matter cannot be challenged in the High Court by judicial review,” he added.

“This is because of the constitutional convention that requires the three branches of government, which is Parliament, the Executive Government and the Court are to perform and carry out their respective responsibilities on the principle of mutual respect and understanding.”

He said based on this constitutional convention derived from the separation of powers, the Court would regard decisions by the PM and by Cabinet as nonjusticiable.

“From my own experience serving as a Permanent Secretary in the PM ‘s Office I know that one of the considerations that motivates the PM in reshuffling ministers is to strengthen the efficacy of Cabinet as a team in carrying out its very important role in governing the country.”

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