There is still no decision on John Rabuku’s future as Acting Director of Public Prosecution following the opinion by the Supreme Court last Friday.

The Supreme Court had given the opinion that Rabuku is not qualified to hold the office of the DPP as he is not qualified to be a judge as required by section 117(2) of the constitution.

The Supreme Court had also stated that he is not eligible for judicial appointment by virtue of disciplinary proceedings disqualification in Section 105(2)(b) because he was sanctioned for professional misconduct in a disciplinary proceeding.

The cabinet had made a referral and sought opinion from the Supreme Court on the interpretation of the section 105 (2) b, 114(2), 116(4) and 117(2) of the Constitution.

The context in which that opinion was sought related to the appointment of John Rabuku to the office of the Director of Public Prosecution and Alipate Qetaki to the office of the Judge of Court of Appeal.

While the court stated that Justice Qetaki is eligible to hold the position of Appeals Court Judge, it gave a different opinion on Rabuku.

FBC News understands that the Judicial Services Commission will now have to meet and make a decision as the DPP is appointed by the President on the recommendation of the Commission following consultation with the Attorney-General.

Minister for Justice Siromi Turaga and Attorney General Graham Leung have also referred all questions in regards to Rabuku to the Judicial Services Commission.

Questions have been sent to the Judicial Services Commission.

The Judicial Services Commission consists of Chief Justice who is the chair, the President of the Court of Appeal, Ministry of Justice Permanent Secretary and a legal practitioner.

We are now awaiting a response from JSC.

For now Rabuku remains in the office as the Acting DPP.