Suva lawyer Tanya Waqanika outside court today.
High Court judge Justice Siuniu Fa’alogo Bull has ruled that under the de facto officer doctrine, all official acts carried out by Rokoika while performing the functions of Acting Commissioner remain valid, including documents signed and charges filed under the Criminal Procedure Act.
In the ruling today, the High Court refused an application by Suva lawyer Tanya Waqanika to stay proceedings in her case challenging the validity of Lavi Rokoika’s appointment as Acting FICAC Commissioner.
Justice Bull said Rokoika became the de facto Acting Commissioner regardless of whether there were issues surrounding her eligibility or appointment.
The judge referred to legal authorities, including a ruling by the Supreme Court of the United States, stating that where an office exists under the law, the validity of actions carried out by the office holder is not undermined by questions surrounding the appointment process.
Justice Bull said it was enough that Rokoika exercised the powers and functions of the office while clothed with its authority.
The court also found that Waqanika’s application, which relied solely on challenging the validity of Rokoika’s appointment and the alleged invalidity of charges, did not establish sufficient grounds for a stay.
Waqanika is challenging the legality of Rokoika’s appointment as Acting FICAC Commissioner made in May.
