Fijileaks: The Opposition should challenge in Court the suitability and competence of Winston Thompson to Chair the COI, especially since this is a Constitutional Office and Thompson, considering all the mess he left behind at USP and his close association with the MOE, which suggests that he will not be impartial as Chairman of the Inquiry into the
Auditor-General's Office
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The appointment of a Commission of Inquiry into the conduct, operations and performance of the Office of the Auditor-General has no legal basis, says Labour Leader Mahendra Chaudhry.
“It is clearly an attack on its constitutionally guaranteed independence from external interference in the performance of its duties,” Mr Chaudhry said.
"It is not surprising that the Inquiry should be announced at a time of heightened allegations of corruption in high places, including the Fijian Elections Office.
“I believe the Inquiry has been set up by the government to divert attention away from the growing incidence of financial irregularities and lack of transparency and accountability in the disbursement of public funds as reported by the Auditor- General,” Mr Chaudhry said.
It’s terms of reference itself is pre-emptive of the nature of the report expected from it, particularly the paragraph that directs the Inquiry to make recommendations to eliminate and prevent any unlawful, improper, ineffective or inefficient practices in the Office of the Auditor General.
“While it is not known at whose behest the Inquiry has been commissioned, s82 of the Constitution requires the President to act only on the advice of Cabinet or a Minister or some other body or authority prescribed by the Constitution.
“Were the provisions of this section complied with? We understand a formal sitting of Cabinet has not taken place for many months,” Mr Chaudhry said.
Moreover, judging from its terms of reference, the Inquiry does not appear to be initiated for the good of public welfare, as required by s2(1) of the Commission of Inquiry Act.
“In my view, the President has been ill-advised and misguided into ordering the Inquiry by a government that has been under heavy criticism for lack of accountability and transparency in its handling of public moneys,” Mr Chaudhry said.
“The Fiji Labour Party urges the Auditor-General not to be deterred by such antics of the government,” Mr Chaudhry said.
“It is clearly an attack on its constitutionally guaranteed independence from external interference in the performance of its duties,” Mr Chaudhry said.
"It is not surprising that the Inquiry should be announced at a time of heightened allegations of corruption in high places, including the Fijian Elections Office.
“I believe the Inquiry has been set up by the government to divert attention away from the growing incidence of financial irregularities and lack of transparency and accountability in the disbursement of public funds as reported by the Auditor- General,” Mr Chaudhry said.
It’s terms of reference itself is pre-emptive of the nature of the report expected from it, particularly the paragraph that directs the Inquiry to make recommendations to eliminate and prevent any unlawful, improper, ineffective or inefficient practices in the Office of the Auditor General.
“While it is not known at whose behest the Inquiry has been commissioned, s82 of the Constitution requires the President to act only on the advice of Cabinet or a Minister or some other body or authority prescribed by the Constitution.
“Were the provisions of this section complied with? We understand a formal sitting of Cabinet has not taken place for many months,” Mr Chaudhry said.
Moreover, judging from its terms of reference, the Inquiry does not appear to be initiated for the good of public welfare, as required by s2(1) of the Commission of Inquiry Act.
“In my view, the President has been ill-advised and misguided into ordering the Inquiry by a government that has been under heavy criticism for lack of accountability and transparency in its handling of public moneys,” Mr Chaudhry said.
“The Fiji Labour Party urges the Auditor-General not to be deterred by such antics of the government,” Mr Chaudhry said.
From Fijileaks Archives
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