Proposed principal appointments must be acceptable to the Church - Justice Mutunayagam

The Suva High Court has made orders and declined an application that was seeking to make certain that the Ministry of Education has the lawful right to appoint any suitable Head of School and any Acting positions without any interference from the Seventh Day Adventist Church in Fiji.

The judgement was handed down by High Court Judge Justice A.L.B Brito-Mutunayagam in the civil action case between the Ministry of Education and Vatuvonu SDA College and five trustees of the Seventh Day Adventist Church in Fiji.

The Judge said the government is required to appoint a civil servant as Principal of Vatuvonu SDA College in terms of the Open Merit Recruitment Selection process and in a manner consistent with the constitutional right in section 22(4) which means that the proposed appointment must be acceptable to the Church. 

Justice Mutunayagam also declined the application by the Attorney General's Office that sought an order that the five trustees of the Seventh Day Adventist Church in Fiji do not interfere with the Ministry of Education's right to appoint any suitable Head of the School and any Acting positions.

The Judge also declined to grant an order for the Seventh Day Adventist Church in Fiji to handover the management and control of Vatuvonu SDA College to the Ministry of Education until the outcome of the investigations conducted by the Ministry into the complaint of alleged abuse of funds.

Justice Mutunayagam also granted a declaration that the Seventh Day Adventist Church in Fiji has no lawful authority or right to effect closure of Vatuvonu SDA College at any time without the sanction of the Permanent Secretary of Education.

The Judge also granted a declaration that only the Permanent Secretary for Education has the lawful authority under the Education Act 1966 to order closure of Vatuvonu SDA College.

Justice Mutunayagam also ordered that the Ministry of Education has the lawful right to appoint a suitable Head of School and any Acting positions in terms of the Open Merit Recruitment Selection process and in a manner consistent with the constitutional right in section 22(4).

Attorney General's Office which represented the Education Ministry had submitted in court that the Seventh Day Adventist Church in Fiji had decided to close Vatuvonu SDA College and reopen as a private school, consequent to the appointment of a Principal which is not a Seventh Day Adventist.

It had also submitted in court that the insistence of the Seventh Day Adventist Church in Fiji to appoint a Principal of the SDA faith is contrary to section 22(4) and unfairly discriminates against the Principal under section 26(3). 

The Attorney General's Office also argued that the Principal passed the test under the Open Merit Recruitment and Selection process and was at the top of the order of merit. 

They also contended that Seventh Day Adventist Church in Fiji cannot close Vatuvonu SDA College without the sanction of the Permanent Secretary of the Ministry.