Cabinet has no say on Supreme Court opinion: Rabuka

July 8, 2024 12:45 pm

Prime Minister Sitieni Rabuka in Parliament today

Prime Minister Sitiveni Rabuka says Cabinet does not have a say on the opinion provided by the Supreme Court.

This is in relation to the referral by the cabinet whereby an opinion was sought in regard to the interpretation of sections 105(2)(b), 114 (2), 116 (4) and 117 (2) of the Constitution.

This is in particular to, whether an Independent Legal Services Commission finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.

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Prime Minister Sitieni Rabuka

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.

“Cabinet does not have any say in that, it’s the Judicial Services Commission, we have accepted that and we will just go through whatever consequential actions will be required which is COC and JSC.”

Late last month the Supreme Court gave the opinion that while John Rabuku is not qualified to hold the office of the Director of Public Prosecution, Justice Qetaki was eligible for appointment as a judge of the Court of Appeal because he was not sanctioned for professional misconduct.