Sayed-Khaiyum: PM Rabuka Misguided on Bainimarama’s Eligibility

Former Attorney-General Aiyaz Sayed-Khaiyum has criticised Prime Minister Sitiveni Rabuka for what he calls “misinformed” remarks regarding the eligibility of former Prime Minister Voreqe Bainimarama to contest future elections.

Speaking out following Rabuka’s statement that Bainimarama would be ineligible due to pending criminal charges, Sayed-Khaiyum said the Prime Minister appeared to be ignoring basic legal principles and the Constitution.

“Prime Minister Rabuka seems unable to receive sound legal advice,” Sayed-Khaiyum said. “Mr Bainimarama has an appeal before the Fiji Court of Appeal. If successful, and his conviction is quashed, there would be nothing legally stopping him from contesting the next elections. That is a legal reality.”

He further explained that the Prime Minister’s claim that Bainimarama’s two pending cases would disqualify him from candidacy undermines the presumption of innocence.

“Everyone is innocent until proven guilty,” Sayed-Khaiyum said. “A fair trial must be conducted by an independent judiciary, free from political interference. Only then can a verdict be reached—whether acquittal or conviction.”

Sayed-Khaiyum warned that Rabuka’s comments suggest a predetermined outcome in cases yet to be heard by the courts, raising concerns about the separation of powers and the independence of the judiciary.

“Surely, Prime Minister Rabuka is not implying he knows what the courts will decide,” he said. “Why then is he commenting on the outcome of cases that have not even been tried?”

He called on all Fijians to protect the rule of law and the constitutional requirement of an independent judiciary.

“It is our collective responsibility to uphold the values of constitutionalism and guard our courts from political influence—especially from those in positions of power,” Sayed-Khaiyum added.