The Chief Justice, Salesi Temo, inexplicably failed to turn up for a scheduled meeting of the Judicial Services Commission yesterday to discuss the continuing stand-off between it and the President, Ratu Naqama Lalabalavu, over the JSC’s demand that he remove Lavi Rokoika as Acting FICAC Commissioner.
The result was that the much-trumpeted meeting didn’t take place. All the other members of the JSC turned up but the Chair, Salesi Temo, was nowhere to be seen. And because Section 104 of the Constitution says a quorum for any meeting of the JSC must include the CJ and at least two other members, the gathering had to be abandoned.
What on earth is going on? Right now, it is anyone’s guess. But as the mystery of the standoff between the JSC and the President continues, the absence of any explanation tends to suggest that something is afoot. Because the alternative explanation is that the whole system is deadlocked. Dysfunctional. A complete mess.
If the Chief Justice was ill, there could have been an announcement in advance by the JSC Secretary – the drink-driving Chief Registrar Tomasi Bainivalu – that the meeting was being postponed. The same might have applied If Temo was too busy writing his judgment against Aiyaz Sayed-Khaiyum, which he is due to deliver at the end of the month. But no. The reason given for the meeting not proceeding was its constitutional failure to reach a quorum.
So does anyone else smell a rat?
1/ Is Salesi Temo’s head finally on a plate? Is the President about to announce his suspension and the establishment of a Tribunal of three High Court judges to try him for misbehaviour, as the Ashton-Lewis Commission of Inquiry has recommended?
2/ Is the Prime Minister about to announce that he is seeking a judicial appeal over Justice Dane Tuiqereqere‘s ruling that he had no legal right to advise the President to remove Barbara Malimali as Commissioner and put Lavi Rokoika in her place?
3/ Or is the cantankerous old bugger (Temo) just seething with rage that his old friend and relative, Ratu Naiqama, is humiliating him before the entire nation and that humiliation is being compounded by the day as this constitutional crisis continues?
Whatever the answer, the ship of state isn’t just wildly off course. It is rapidly taking in water and public confidence in the entire process is steadily sinking.
These people promised us better governance than their predecessors but it is worse. Much worse. Something has got to give but what? Because the absurd explanation for the JSC not sitting – “O, we didn’t have a quorum, eh“? – isn’t good enough.
It really is a sh*tshow. A national embarrassment. A national disgrace.
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So who exactly is on the JSC? This is what the Constitution prescribes:
And apart from Sales Temo, here they are:
The President of the Court of Appeal, Justice Isikeli Mataitoga.
The Permanent Secretary for Justice, Selina Kuruleca, who inexplicably isn’t a lawyer but a psychologist, which is probably more appropriate given the current madness.
The “legal practitioner” – Suva lawyer, Shoma Devan.
And the person “who is not a legal practitioner” and who Grubsheet targeted in our last piece – Vani Cakanasiga, the Executive Director of the Fiji Council for Social Services.
Plus the Chief Poo-bah himself, who should never have been appointed to head the criminal justice system in the first place and stands accused by the Ashton-Lewis CoI of perjury and obstructing and perverting the course of justice.
Why is he still in place? Because the President and the Prime Minister have been keeping him there. Maybe they have finally decided this farce has gone on long enough. But don’t bet on it.
Situation in the country? Normal.
Dysfunction and chaos.
And more widely, one crisis after another..
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With the prisons boss gone, the same tribunal process should now proceed against the man who dispenses justice – Salesi Temo.
The issue now appears to go beyond individual personalities and into the capacity of the system to manage conflict, enforce accountability, and ensure continuity of government.
If senior officials cannot resolve disputes internally, cannot consistently appear for duty, and cannot demonstrate the professionalism required of public office, then the question becomes one of institutional competence and stewardship of public resources. Taxpayers fund these offices with the expectation that those entrusted with authority will exercise judgment, discipline, and responsibility in service to the state.
When governance begins to appear immobilized by internal conflict rather than guided by coherent leadership, it raises a legitimate democratic question:
When a government cannot manage conflict, ensure officials show up for duty, or maintain institutional discipline, the question becomes simple: who is actually governing—and where is the Prime Minister?
Oh GD. I get up each morning to read Fiji’s unfunny version of Yes Minister. Too early for popcorn. Then I watch all senior lawyers strolling in and out of of Court with their favourite participants.
All this everyday. No time to do what they were elected to do. Only answer now is get senior foreign lawyers to fill positions of CJ, DPP, Solicitor General and FICAC. And build a new jail.
Probably need an overseas Corrections Commissioner for the new jail, given the recently removed one’s antics.
Is there no one in this country that gets a good, high paying job and doesnt abuse that privilege within days of getting the job?
The best course of action for this country would be to import enough people to form two sides of a government, a fully overseas manned judiciary and a police force to carry out ‘actual police work’.
Of course, I smell a rat, but it’s not coming from the CJ. For her serious breach of protocol in publicly siding—through a social media post—with Charlie “the Mouth” Charters, Ms. Vani Catanasiga should resign.
The CJ, with a responsibility to uphold the independence, neutrality, and centrality of the committee, did the right thing by staying away; and he should continue to stay away until Ms. Catanasiga resigns, a replacement is appointed and public confidence in the committee is restored.
In fact, they should just appoint a new slate to completely sanitize the committee.
Expect the fired corrections commissioner to file a law suit for wrongful termination of employment and settle out of court for $2m.
This is Sona Rolex Snake’s Fiji which rewards itaukei only who sue the State, reach a settlement, take the money and move on.
Eat your heart out, Sharvada Sharma.
Given this latest JSC sh*t show, I no longer have confidence in giving them the responsibility to organise a piss-up in a brewery and definitely no confidence in the JSC organising a root in a brothel.
The country continues to lurch from one mess to another, almost on a daily basis.
There seems to be no leadership or concise directions from the current Government as the country moves towards an election, due by December this year. So far……
The current President Ratu Naiqama Lalabalavu, who prior to his appointment was the Speaker of Parliament. Currently he has been advised by the JSC to remove the acting head of FICAC which he appears to be ignoring. This is unsurprising given he appointed the then acting Chief Justice Temo permanently to the role without the advice of the PM, contrary to the Constitution (s.106(1)) Perhaps he believes he has a ‘royal’ prerogative?
In his former role as Speaker, he also acted contrary to the Constitution when some Fiji First Party members voted for an increase in the remuneration of MPs and failed to follow the direction of the party. Section 63(1)(h) says if you vote or abstain contrary to a direction of the Party the members seat becomes vacant. He ignored party advice and allowed those who failed to follow the direction to remain as MPs. Some whom then moved to join the Government ranks and accept Ministerial roles.
He also toured the world in 2025 at the expense of the Fiji taxpayer at an alleged cost of $400,000. He is also allegedly in failing health and requires assistance to walk.
The current PM is the head of a coalition of PAP, NFP and SODELPA and following the demise of Fiji First several of their members have joined the Government ranks.
The Government has a PM, 21 Ministers and 11 Assistant Ministers for a population of less than 1 million people.
The PM has the following issues:
• 2 Deputy Prime Ministers suspended and subject to FICAC Investigations/ Charges;
• An Acting Attorney General, who he fired from that position and has had to bring back as the appointed replacement (Graham Leung) was also sacked by the PM;
• A Commission of Inquiry that he instigated that is now mired in legal actions related to its findings and recommendations;
• His recommendation (as chair of the Constitutional Officers Commission) to the President of appointing Barbara Malimali as Chair of the Election Commission was flawed and due diligence would have discovered she would not qualify to be a judge, a requirement of the position;
• His recommendation to the President to remove the former FICAC Commissioner, Barbara Malimali and the ruling by the High Court judge, Justice Dane Tuiqereqere, that, she was unlawfully dismissed;
• His recommendation to appoint of Lavi Rokoika as acting FICAC Commissioner and the Judicial Services Commission’s demand for her removal following the ruling by the High Court judge, Justice Dane Tuiqereqere;
• A statement saying he would abolish FICAC when he has no legal basis to do so without a Referendum approved by the people;
• A promise to have a Referendum on the current Constitution but no timetable to do so;
• Another promise that there would be Local Government elections. Which has not happened; and
• A growing belief by many, including those within his own party, that he is no longer capable of doing the job of Prime Minister and is missing in action when crunch decisions are required.
The current CJ was originally appointed as an acting CJ. The President acting without the advice of the PM formally appointed him CJ, a position he can hold until he is 75. The position is head of the Judicial Services Commission (JSC), President of the Court of Appeal and the Supreme Court. The CJ also acts as President during any absence or incapacity of the President.
Like the PM he has a number of issues, these are:
• He and the JSC recommended to the President that John Rabuku, be appointed the acting Director of Public Prosecutions as Christopher Pryde had been suspended. This was despite Rabuku having been found and punished for professional misconduct. He, the CJ should have been clearly aware and chose to ignore and Rabuku was only removed after a Supreme Court decision that found he should not have been appointed in the first place;
• Having been removed as the acting DPP Rabuku was appointed, the Deputy DPP and no object was raised by the CJ or the JSC even though this position has almost as much power as the DPP does;
• The conduct of the CJ in relation to the DPP Christopher Pryde followed a similar path with a tribunal under s.112 of the Constitution. The tribunal found the allegations against Pryde not substantiated and he was exonerated. Yet within a week the same charges reappeared under the banner of FICAC. No attempt to hide his (CJ) glee;
• The suspension of Pryde’s salary when there was no valid reason to do so;
• The allegations that the CJ threatened to ensure cases by FICAC under the deputy Commissioner would not reach any court in Fiji;
• The findings in the CoI report that allege that the CJ lied under oath to the Commission;
• His failure and that of the JSC to carryout due diligence on the application of Barbara Malimali for FICAC Commissioner would have discovered flaws and omissions in her applications that would disqualify her from the position;
• Alleged statement to President and PM that if PM appealed Malimali court decision he would acquit the former AG and SoE on the charges before him; and
• Now failing to turn up for a meeting of the JSC!
And its only Friday!
It’s obvious why Bainimarama and other top military leaders at the time chose to “clean up govt” before he leaned towards Khaiyum more than the original plan.
I-taukei cannot be professionals in any leadership field that requires strict professionalism. There will always be nepotism and abuse of the system. It is just the way the culture is. “Liu-muri” seems to be a big part of it lately also.
That is why hardly any i-taukei people thrive in their own business. Someone from your own circle wants a share of the pie. They thrive and do well overseas but here it seems impossible. One wonders why?
Baiya, you can put a monkey in a suit but he will still be a monkey.
Hence the circus of monkeys vitia is in right now.
Those Hindis who were purged will never come back to purgatory.
The problem with Fiji is that there are just too many coconuts everywhere.
And they are all proud coconuts rolling amongst each other and on proud display.
Too many coconuts and not enough Indians!!!
Goes without saying that it is a recipe for disaster – and we can already see it and it will be all downhill with the rolling coconuts as they roll out of control.
As for he people, they love coconuts as they are coconuts as well, many Indians included.
I seem to recall that the fundamental reason for the establishment of FICAC was to meet UNCAC obligations for an independent corruption commission and as a prerequisite for access to the likes of World Bank, IMF and ADB loans.
If this is the case, getting rid of FICAC is a simplistic approach to a addressing a festering cesspool and very shortsighted indeed.
Oh Dear…what have we got ourselves into Fiji. We were far better off under the Bainimarama Government….This is a Government of ” enemies of Bainimarama , we are friends” .
Four years on and we are still fighting. Corruption, nepotism, provincialism, cronyism, favouritism, discrimination seems to be the order of the day. In the meantime, no development and the country is sinking into anarchy.
The correct order for proper appointment to two important institutions of state should have been like this from the beginning:
DPP – Mr Christoper Pryde currently in NZ awaiting Judicial Review for his termination.
At the end of Mr Pryde’s second term , Mr Josaia Naguilevu currently DPP Vanuatu.
Deputy DPP – Mr Semi Babitu currently magistrate Nadi.
Assistant DPP 1 – Ms Juleen Fatiaki currently in private practice.
Assistant DPP 2 – Ms Elizabeth Rice currently in UK I believe.
Assistant DPP 3 – Ms Jayneeta Prasad currently works for ADB.
Assistant DPP 4 – Ms Amelia Vavadakua currently magistrate Savusavu.
For the role of Commissioner of FICAC – Ms Andy Driu currently working as DPP Nauru.
Deputy Commissioner of FICAC – Ms Seini Puamau who is currently magistrate I think in Nadi.