The Fiji Independent Commission Against Corruption (FICAC) has determined that no criminal offence was committed in the appointment of the suspended Fiji Corrections Service Commissioner, Dr. Jalesi Nakarawa’s spouse, to the position of Nurse Practioner.
After a thorough review of the complaint, supporting evidence, and relevant legal provisions – FICAC has determined that no criminal offence was committed, in the appointment of Nakarawa’s spouse to the said position.
FICAC states that the decision is based on the powers conferred upon the Commissioner of the FCS, under Article 130 (7) of the 2013 Constitution, which grants the Commissioner broad discretion, to appoint persons to the FCS.
They say that in this instance, the position was publicly advertised, and interviews were conducted with potential candidates, before the appointment was made. As such, FICAC finds there is insufficient evidence to support the laying of any criminal charge, in this matter.
FICAC also states that while no legal breach has been identified, FICAC notes that the situation underscores the importance of exercising discretion with care – especially in executive and senior leadership roles, where public perception is critical.
They say appointments involving close relations, regardless of legality, can be viewed by the public – as nepotism.
FICAC states – to uphold public confidence and ensure transparency, it is recommended that office holders in similar situations, consider alternative approaches, such as referring such appointment decisions, to a higher authority – such as the relevant line Minister, for independent consideration and endorsement.