The Fiji Times

Chaudhry: Inquiry has no legal basis

- By LUKE NACEI

FIJI Labour Party leader Mahendra Chaudhry yesterday claimed the appointmen­t of a Commission of Inquiry into the conduct, operations and performanc­e of the Office of the AuditorGen­eral had no legal basis.

In his view, Mr Chaudhry said President Ratu Wiliame Katonivere had been ill-advised and misguided into ordering the inquiry by a Government that had been under “heavy criticism” for lack of accountabi­lity and transparen­cy in its handling of public monies.

“It is clearly an attack on its constituti­onally guaranteed independen­ce from external interferen­ce in the performanc­e of its duties,” he said.

“It is not surprising that the inquiry should be announced at a time of heightened allegation­s of corruption in high places.

“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.

“Its terms of reference itself is preemptive 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, Section 82 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,” Mr

Chaudhry said.

“Were the provisions of this section complied with? We understand a formal sitting of Cabinet has not taken place for many months.

“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.”

Mr Chaudhry urged the Auditor-General not to be deterred by the “antics” of the Government.

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 ?? Picture: FILE ?? Fiji Labour Party leader Mahendra Chaudhry.
Picture: FILE Fiji Labour Party leader Mahendra Chaudhry.

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