Fiji Law Society president Wylie Clarke says there is a constant struggle in Fiji with upholding and respecting the rule of law, a struggle which starts at the top.
Speaking at the society’s convention in Nadi yesterday, Mr Clarke said that from his experience, the country’s legal system and its governance had been at loggerheads.
“One of the problems in the Fiji context I am talking about is this constant struggle that we seem to have with upholding respect for the rule of law and in my view it starts at the top,” he said.
“I have lost count of the number of times that we have talked about ‘we must respect the rule of law’.
“I think a lot of people may agree and support when we say it is difficult to accept that is the reality here because it doesn’t happen, and they don’t see it on a daily basis.”
Mr Clarke also raised poignant questions about the State’s involvement in upholding and respecting the rule of law.
“I would just say how can we as a country be better at this and do this better? Is it our leaders? The State?
“The agencies of the Government (should) show us on a day to day basis that they get it and that they understand what the rule of law means.
“(And) they understand that they are bound by those same principles and they are accountable to the law, just like the rest of us are and they do it.”
Mr Clarke reiterated this is important to maintain public trust which he believes is depleting because of the number of legal issues that have occurred recently.
“Boring stuff, I know, but it is important, and that public trust in our social bargain with the State is, unfortunately, to me, constantly undermined by examples that occur far too often where it would seem our leaders don’t really pay regard to it, whether it is in a suspension or a dismissal of a public officer or the appointment of another public officer and just the way some decisions are made.
“Now, some of these things, I have not mentioned any names, and a number of these matters are actually before us right now in respect to the Fiji Independent Commission Against Corruption and our Commission of Inquiry into the appointment of a former commissioner of FICAC.
“As a principle you can’t argue with that.
“If there is a dispute about something, take it to court, but the problem is that sometimes when you’re looking from the outside in, it is so obvious that something is wrong.
“The law hasn’t been followed.
“It is a concern because it happens far too often and it is taking up a lot of oxygen in our public space.” The convention continues today.
