The Fiji Law Society (FLS) claims former Solicitor-General Sharvada Sharma’s dismissal was “in breach of the clear requirements of the Constitution of Fiji”.
In a statement, FLS president Wylie Clarke also claimed it brought into question the Judicial Services Commission’s explicit confirmation that a tribunal would be appointed to investigate the allegations of misbehaviour made against Mr Sharma.
“The termination of Mr Sharma’s appointment without due process being afforded him is a grave assault on the rule of law and threatens the independence of critical constitutional officers,” Mr Clarke said.
“We are also concerned that the removal may be unlawful.”
Mr Clarke said the Office of the Solicitor-General, like that of judges, magistrates and the Director of Public Prosecutions, was protected under the Constitution.
“This protection is essential to maintain the independence of those offices, free of political and other interference and also means that there is very strict and clear process by which such a removal can be done.”
Mr Clarke claimed “the rule of law has been severely undermined by the manner in which Mr Sharma has been removed because it sets a very dangerous precedent that could be used just as easily against judges and the Director of Public Prosecutions.”
