‘Understand constitutional conventions’ – Kotobalavu

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Joji Kotobalavu. Picture: File

IN order to ensure the successful operation of The People’s Alliance (PA), National Federation Party (NFP) and Social Democratic Liberal Party (SODELPA) multi-party Cabinet during their four-year term in government, it is crucially important that all ministers are fully aware from the outset of the modus operandi and constitutional conventions that guide decision-making in Cabinet.

This, according to former long-serving permanent secretary in Fiji’s public service Joji Kotobalavu.

“Whereas in Parliament all decisions are made by the simple majority vote of the MPs present and voting — decision-making in Cabinet is different,” he said.

“All decisions in Cabinet are made on the principle of collective consensus.

“Policy proposals are brought to Cabinet by individual ministers for consideration and approval.

“If a minister has reservations about a particular proposal, he or she can always ask that the paper be deferred to allow for further consultations among the interested ministries.

“Cabinet can approve a policy proposal only if there is unanimity among all ministers.”

Mr Kotobalavu said in the process of decision-making in Cabinet, the Prime Minister as chair of Cabinet, and his two Deputy Prime Ministers, play a vital role as a triumvirate in facilitating consensus and agreement on issues of policy and budget priorities.

“The second constitutional convention of a Cabinet government is the principle of collective ministerial responsibility in Parliament.

“Once Cabinet has approved a policy initiative, for example, a Bill or proposed legislation to be presented in Parliament, all ministers and assistant ministers are expected, under this convention, to stand united as a collective in supporting the Bill from its initial tabling until its final approval by Parliament following its final third reading.”

He said the third constitutional convention — the principle of accountability by ministers both individually and collectively to Parliament — derived from the fact that all ministers were drawn from MPs in Parliament “and all ministries and departments implement policies and programs which are funded by the government’s budget approved by Parliament”.

“On the basis of this, all ministers are required to present regular reports to Parliament on the implementation of their budget allocations and development programs.”

Mr Kotobalavu said the signing of the coalition government agreement by the PA, NFP and SODELPA was only the first stage.

“For the smooth and successful operation of this multi-party government during its four-year term, it is crucially important that all ministers understand these constitutional conventions and abide by them.”

Mr Kotobalavu was a long-serving permanent secretary in Fiji’s public service. He is currently a part-time lecturer in public law at the University of Fiji School of Law.

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