John Rabuku

The Fiji Law Society is urging the Acting Director of Public Prosecutions, John Rabuku, to immediately resign from his position and demonstrate that he respects the laws of Fiji and the courts constituted under those laws.

Last Friday, the Supreme Court of Fiji delivered its unanimous opinion on a reference from the Cabinet under s91 of the Constitution.

The Law Society in a statement says that kind of case is itself a rare event, when the Cabinet of the country asks the Supreme Court to guide it on a matter of law.

It says that the reference reminds everyone that even the most powerful people in the land respect and defer to the expertise of the Supreme Court on the rules that govern all of us.

The Supreme Court ruled that Rabuku was disqualified from appointment as acting DPP under the Constitution.

In light of the Supreme Court’s clear opinion, the Fiji Law Society is deeply concerned that Rabuku remains in office.

Rabuku had earlier told FBC News that for now he remains in office and is awaiting the decision from the Judicial Services Commission.

In a society governed by rule of law, all must obey it.

The Society says high public officials such as Rabuku, who is legally qualified and whose office is central to the administration of justice, have a consequently higher duty to obey the law and not to try to frustrate it.

It says that it is not acceptable for Rabuku to stand on some official process to avoid meeting his clear duty to obey the law.

He must know what his duty is and he should immediately take the steps which are required to leave office.

Just as it was with Justice Alipate Qetaki whose appointment was ruled lawful by the Supreme Court under the reference, the Society has no animosity against Rabuku and it bears him no ill will.

The Society’s only interest in this case is to ensure that Rabuku, like everyone else in Fiji, honours and complies with the law.