Legal eligibility issue | Fiji Law Society objects to Vosarogo’s appointment as A-G

The Fiji Law Society has written to Prime Minister Sitiveni Rabuka expressing its concerns with the appointment of Lands Minister Filimoni Vosarogo as Attorney-General and requested that the announcement of his appointment be removed.

Prime Minister Sitiveni Rabuka announced on Friday the reshuffling of his Cabinet ministers, which included Mr Vosarogo exchanging portfolios with Siromi Turaga.

In a statement yesterday, FLS president Wylie Clarke said the society had informed Mr Rabuka that it could not support Mr Vosarogo’s appointment who, as a legal practitioner, had pleaded guilty in a number of disciplinary proceedings before the Independent Legal Services Commission (ILSC).

According to Section 96(2)(b) of the 2013 Constitution, a person can only qualify for the position of Attorney-General if he or she has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceedings by the ILSC.

“The society informed the Prime Minister that it cannot support, and must record its strong objection to Hon. Vosarogo’s appointment,” Mr Clarke said.

“The society advised the Prime Minister that Hon. Vosarogo is disqualified from holding the Office of Attorney-General under section 96(2)(b) of the 2013 Constitution. The appointment cannot be lawfully made.”

Mr Clarke said compliance with laws in Fiji was not a matter of choice.

“A fundamental principle of the rule of law is that law applies equally to everyone including the government of the day. Therefore, the society expressed concern about comments attributed to Hon. Vosarogo in the media in which he is reported saying that anyone who disagrees with his appointment can take the matter to court.

“The comments are unedifying, but also unnecessary given that his disqualification from holding the Office of Attorney-General is obvious.”

Mr Clarke said it would take the matter to court if forced to do so “but hopes that it will not be necessary”.

While responding to questions sent by this newspaper, media advisor to the Office of the Prime Minister Cheerieann Wilson said the OPM was diligently preparing a comprehensive response to address the concerns and inquiries that had been brought to their attention.

Ms Wilson said the response was currently undergoing final review and approval by PM Rabuka to ensure its accuracy and alignment with the government’s position and would be disseminated to all media outlets once approval was given.