Former S-G Appeal to Proceed
Former SolicitorGeneral Sharvada Sharma can now make an application for a Judicial Review of his termination from the office in 2021. This was after the Civil High Court in Suva granted leave to apply for a Judicial Review yesterday afternoon. The court ordered costs summarily assessed at $5000 to be paid within 21 days by the respondents. The Solicitor-General of Fiji is the chief executive officer of the Attorney-General’s Chambers, and as such assists the Attorney-General in advising the Government on legal matters, and in performing legal work for the Government.
Sharma through his lawyers from Munro Leys filed for a leave to apply for Judicial Review of six decisions which led to his dismissal in November, 2021.
Sharma sought leave to take Judicial Review of six decisions of the first respondent who is the President, second respondent Judicial Services Commission and third respondent the Attorney-General who is a nominal respondent.
The six decisions of the President and the JSC are as follows:
The decision of the commission on September 20, 2021, following receipt of a letter of complaint dated September 14, 2021 from the Supervisor of Elections, to advise the President to suspend Sharma from Office;
The decision of the President on September 20, 2021 to suspend Sharma from office without remuneration;
The decision of the commission on or about October 1, 2021 that it would not advise the President to reinstate the remuneration of Sharma;
The decision of the commission on or about November 4, 2021 to demand from Sharma an explanation in writing as to the allegations and for a response to be provided in 48 hours (in one working day between a public holiday and weekend), and the decision of the commission on or about November 5, 2021 to refuse to extend time for the applicant to provide a response;
The decision of the commission on or about November 10, 2021 to advise the President to terminate the appointment of Sharma;
The decision of the President on November 10, 2021 to terminate the appointment of Sharma.
Civil High Court Judge Justice Deepthi Amaratunga in his ruling granted the Judicial Review on all the six decisions as there were sufficient arguable grounds.
A stay of application was also filed by the respondents however, the Judge did not grant a stay order considering all the circumstances in this matter and considered that Sharma was suspended on September 20, 2021 but the leave to apply for Judicial Review application was made December 16, 2021.
The Judge said having considered these alongside other circumstances, the stay application sought was not granted.