The Supreme Court will give an opinion today on the referral made by cabinet, concerning the interpretation of section 105(2)(b) of the Constitution. 

This is in relation 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.

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

Last week, the court heard submissions from counsels for Government, the Fiji Law Society, the Judicial Services Commission, the Human Rights and Anti-Discrimination Commission; and from the lawyer of Justice Alipate Qetaki on the referral made to the court on section 105(2)(b) of the Constitution. 

According to the Constitution, a person is not qualified for appointment as a Judge unless he or she has had not less than 15 years post-admission practice as a legal practitioner in Fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.

The Independent Legal Services Commission believes that Rabuku and Justice Qetaki are eligible to hold their current positions.

Justice Brian Keith, Justice Sir Terence Arnold and Justice William Young are presiding over the matter.