Fiji govt acknowledges military commander's concerns with attorney-general appointment

A move by Fiji's Prime Minister Sitiveni Rabuka to reorganise his cabinet portfolios has resulted in the Republic of Fiji Military Forces (RFMF) Commander Ro Jone Kalouniwai raising the military's concerns about breaches to the country's constitution.

Rabuka announced a cabinet reshuffle on October 14, calling it "a strategic reassignment of ministerial portfolios" that were "intended to enhance governance, improve policy coordination, and further improve service delivery to the people of Fiji".

He revealed four changes: for Attorney-General Siromi Turaga to be demoted to the ministerial portfolio of Lands and Mineral Resources and the lands minister Filimoni Vosarogo to take up the AG and justice minister portfolio, and the ministerial portfolio for iTaukei Affairs and Education to be swapped between the two Sodelpa MPs Ifereimi Vasu and Aseri Radrodro.

The ministerial reassignments were to become effective on October 17, but they are now put on hold.

However, Rabuka's decision to appoint Vosarogo as the new AG has become a sticking point for his 10-month-old coalition government after concerns about Vosarogo's suitability to assume the role of the chief law officer were flagged by the Fiji Law Society (FLS).

In a statement on October 15, the FLS said it had written to the prime minister "expressing its concern" regarding Vosarogo's appointment.

"The Society advised the Prime Minister that Vosarogo is disqualified from holding the office of the Attorney-General under section 96(2)(b) of the 2013 Constitution. The appointment cannot be lawfully made.

"The Society noted that it is a matter of public record that Vosarogo, as a legal practitioner, pleaded guilty in a number of disciplinary proceedings before the Independent Legal Services Commission," it said.

The FLS said it would take the matter to court "if forced to do so".

However, Rabuka said he would stand by his decision despite the "backlash" and objection from the FLS and "face the consequences" of his decision.

Home Affairs Minister Pio Tikoduadua, in a press conference in Suva on Monday, confirmed that Commander Kalouniwai had written to him about Vosarogo's appointment as the AG.

According section 131(2) of the 2013 Fiji Constitution, the RFMF has "the overall responsibility of the Republic of the Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians".

"I spoke with the Prime Minister [Rabuka]. I raised my concerns with him. I wanted to talk to him about the letter that came to me from the Commander [Kalouniwai]," Tikoduadua said.

"We talked about it, but I think a lot of the concerns that are raised is going to be answered in due course."

Tikoduadua has reassured the Fijian people that "we are here for the rule of law".

"We will follow the process of the law," he said.

He said he has discussed with the Ro Kalouniwai "certain things that we will be able to make better with regards to the role of the RFMF going forward and how the government can be more responsive to the concerns that are raised".

"I would like to thank the Commander for the role that the RFMF and he has played in the way that we are now in terms of the security that we enjoy," he said.

Tikoduadua said Rabuka is expected to make an official decision on the cabinet reshuffle soon.

According to fijivillage.com, Tikoduadua said it "is not his prerogative but he knows that the Prime Minister is ready to make an appointment".