Page 23 - IB November 2023

Fiji

WHOSE
RULE

IS IT?

Rabuka: From Pacific zone of peace, to domestic push back. Photo: Fiji Department of Information
By Richard Naidu and Joe Yaya professional misconduct before the Commisison in 2013, 2017,
and 2022.
One month short of its first anniversary, Fiji’s three-party Rabuka admitted that Vosarogo was his first choice for the
governing coalition is in disarray. Prime Minister Sitiveni post when he came to power in December.
Rabuka has topped off a series of bungled appointments by “But he told me he had a few things to straighten out,” the
recanting on a major Cabinet reshuffle in the face of a public PM said. “Later he told me he had cleared them, so I took his
push back from coalition partners. The military has urged him word for it.”
to toe the constitutional line. All of this topped by further The PM said he did not seek legal advice on the matter. The
dissent within the Coalition and criticism from the military ILSC rulings are irrevocable.
over Fiji’s vote against the ceasefire between Israel and In a statement, Fiji Law Society (FLS) President, Wylie
Hamas. Clarke said: “Compliance with the laws of Fiji is not a
Fresh from an Australian tour where he pushed his Pacific matter of choice. A fundamental principle of the rule of law
‘zone of peace’ concept, Rabuka told local media that is that the law applies equally to everyone, including the
the reshuffle, announced over the government’s official Government of the day.” Clarke said the FLS would take the
social media channels, was just “an intention”. He said he matter to court “if forced to do so.”
did not know how the changes had been announced. The With Rabuka saying he would stand by his decision
announcement sent speculation about fractures within the and “face the consequences”, and Vosarogo claiming his
coalition into a frenzy. misdemeanors were more negligent than fraudulent and that
the ILSC was not a criminal court—the military stepped in to
Kerfuffle ring the constitutional bell on the escalating bout.
At the centre of the kerfuffle was a long-speculated change Home Affairs Minister, Pio Tikoduadua confirmed that Army
involving one of the most senior jobs in the Fijian Cabinet – Commander, Major-General Jone Kalouniwai had written to
that of Attorney-General, with the announcement the day him raising concerns about Vosarogo’s appointment.
before Rabuka left for Australia that the incumbent, Siromi Subsequently, Rabuka backed down on the appointment,
Turaga, was being replaced by Minister for Lands, Filimoni saying, “We are a government that listens. In this case, we
Vosarogo. listened to the [Fiji] Law Society and the military, and it gave
The Fiji Law Society responded immediately, saying the me the confidence to make no changes.”
appointment was unconstitutional because Vosarogo had
three prior convictions registered with the Independent Acting in haste
Legal Services Commission (ILSC). Fiji’s 2013 Constitution Leading Pacific political sociologist and keen Fiji observer,
disqualifies a person from the AG’s job if that individual has Professor Steven Ratuva, says Rabuka may have acted in
been found guilty before the ILSC. Vosarogo pleaded guilty to haste but the entire episode raises some key concerns - the

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