President pressed to act on JSC recommendation over Acting FICAC Commissioner

The President must act without delay on the advice of the Judicial Services Commission (JSC) regarding Acting Fiji Independent Commission Against Corruption (FICAC) Commissioner Lavi Rokoika, lawyers Graham Leung and Richard Naidu say.

In a joint statement, the two lawyers say Fiji is at a critical constitutional moment and that the Head of State is required to follow the JSC’s recommendation after the High Court judgment of February 2, 2026.

“As head of State, the President is the guardian of the Constitution. He must set the standard of constitutional conduct and be seen to do so,” the statement says.

The pair question what precedent could be set if the recommendation is not followed, asking whether similar discretion could be exercised in decisions on the Prime Minister, the Commander of the Republic of Fiji Military Forces or the Chief Justice.

“It is now an open secret that the JSC has recommended the termination of Ms Rokoika’s appointment as a result of the High Court judgment of 2 February 2026. We understand this was conveyed to the President on Monday 23 February 2026,” the statement says.

They say media reports indicate the President has declined to act on that recommendation and has “reportedly required that Ms Rokoika receive compensation before he revokes her appointment”.

“Ms Rokoika is the acting Commissioner of FICAC. Her appointment is temporary. She is not entitled to compensation when her appointment ends,” the statement says.

Citing section 82 of the Constitution, they state: “The President acts only on advice. He does not make choices. He does not exercise discretion. And he certainly does not bargain with constitutional bodies who require him to act as the law requires. If he is being advised otherwise, he is being wrongly advised.”

They add that while the President exercises executive power under section 81 of the Constitution, he does so “only in the name of the people and only when and how the people’s constitutional bodies require him to exercise it. Those constitutional bodies include the JSC”.

“In these circumstances it is unbecoming and undignified for a high public office holder to cling to her position and hope for the best. That is what Ms Rokoika appears to be doing. The honourable course would be to avoid a potential constitutional crisis and simply resign. Why has she not done so?”

FIJI LAW SOCIETY

The Fiji Law Society has also called on the President to immediately implement the Judicial Services Commission’s recommendation regarding the leadership of the FICAC.

The Society said Fiji stood at a “pivotal juncture” in its constitutional history and raised concern over reports that the President had declined to act on the JSC’s recommendation unless certain accommodations were made for Ms Lavi Rokoika.

“If these reports are accurate, the Fiji Law Society wishes to express its serious concern about this matter,” the statement said.

The Society stressed that the President must exercise the functions of his office only on the advice and recommendations of the appropriate authority.

“The office of President has no independent or residual power and does not possess independent discretion in such matters,” the statement said.

It added that the President was not empowered to select alternatives, withhold action, or engage in bargaining with institutions that were constitutionally and statutorily required to provide legally binding recommendations and advice.