Draft Constitution

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Document Information:

Year: 2009
Country: Cambodia
Language: English
Document Type: Domestic Law or Regulation
Topic:

DRAFT

CONSTITUTION OF FIJI

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CONSTITUTION OF FIJI

CONTENTS
___ ____
PREAMBLE
CHAPTER 1 –– THE STATE
1. The Republic of Fiji
2. Supremacy of the Constitution
3. Principles of Constitutional Interpretation
4. Secular State
5. Citizenship

CHAPTER 2–– BILL OF RIGHTS
6. Application
7. Interpretation of this Chapter
8. Right to life
9. Right to personal liberty
10. Freedom fr om slavery, servitude, forced labour and trafficking
11. Freedom from cruel and degrading treatment
12. Freedom from unreasonable search and seizure
13. Rights of arrested and detained persons
14. Rights of accused persons
15. Access to courts or tribunals
16. Executive and admin istrative justice
17. Freedom of expression, publication and media
18. Freedom of assembly
19. Freedom of association
20. Employment relations
21. Freedom of movement and residence
22. Freedom of religion
23. Political rights
24. Right to privacy
25. Access to information
26. Right to equality and freedom from discrimination
27. Freedom from arbitrary expropriation
28. Right to education
29. Right to economic participation
30. Right to work and a just minimum wage
31. Right to reasonable access to transportation
32. Right to housing and sanitation
33. Right to adequate foo d and water
34. Right to social security schemes
35. Right to health
36. Freedom from arbitrary evictions
37. Environmental rights

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38. Rights of children
39. Rights of persons with disabilities
40. Limitation of rights under states of emergency
41. Enforcement
42. Human Rights and Anti -Discr imination Commission

CHAPTER 3–– PARLIAMENT
Part A –– LEGISLATIVE AUTHORITY
43. Legislative role of Parliament
44. Exercise of legislative powers
45. Presidential assent
46. Coming into force of laws
47. Regulations and similar laws
48. Parliamentary authority over international ag reements

Part B –– COMPOSITION
49. Members of Parliament
50. Proportional representation system
51. Composition of Parliament
52. Electoral divisions
53. Voter qualification and registration
54. Candidates for election to Parliament
55. Candidates who are public officers
56. Term of Parli ament
57. Writs for election
58. Date of nomination
59. Date of polling
60. Early dissolution of Parliament
61. Vacation of place of member of Parliament
62. Next candidate to fill vacancy
63. Vacancies in membership
64. Court of Disputed Returns
65. First sitting of Parliament after an elec tion
66. Other sittings of Parliament
67. Quorum
68. Voting
69. Committees
70. Standing orders
71. Petitions, public access and participation
72. Powers, privileges, immunities and discipline
73. Power to call for evidence

Part C –– INSTITUTIONS AND OFFICES
74. Electoral Commission
75. Supervisor of Elections
76. Speaker and Deputy Speaker of Parliament
77. Leader of the Opposition

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78. Secretary General to Parliament
79. Remunerations Committee

CHAPTER 4–– THE EXECUTIVE
Part A –– THE PRESIDENT
80. The President of Fiji
81. President acts on advice
82. Qualification for appoint ment
83. Appointment of President
84. Term of office and remuneration
85. Oath of office
86. Resignation
87. Chief Justice to perform functions in absence of President
88. Removal from office

Part B –– CABINET
89. Responsible Government
90. Cabinet
91. Office of Prime Minister
92. Appointment of Prime Minister
93. No confidence motion
94. Appointment of Ministers
95. Attorney -General

CHAPTER 5–– JUDICIARY
96. Judicial authority and independence
97. Supreme Court
98. Court of Appeal
99. High Court
100. Magistrates Court
101. Other courts
102. Court rules and procedure
103. Judicial Service Comm ission
104. Qualification for appointment
105. Appointment of judges
106. Other appointments
107. Judicial Department employees
108. Oath of office
109. Tenure of office
110. Removal of Chief Justice and President of the Court of Appeal for cause
111. Removal of judicial officers for cause
112. Remun eration of judges
113. Independent Legal Services Commission
114. Fiji Independent Commission Against Corruption
115. Solicitor -General
116. Director of Public Prosecutions
117. Mercy Commission

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118. Existing appointments

CHAPTER 6–– STATE SERVICES
Part A –– PUBLIC SERVICE
119. Values and pri nciples
120. Public officeholders must be citizens
121. Public Service Commission
122. Functions of Public Service Commission
123. Permanent secretaries
124. Appointment of Ambassadors
125. Retirement age
126. Contractual appointment
127. Public Service Disciplinary Tribunal

Part B–– DISCIPLINED FORCES
128. Fiji Police Force
129. Fiji Corrections Service
130. Republic of Fiji Military Forces

CHAPTER 7–– REVENUE AND EXPENDITURE
131. Raising of revenue
132. Consolidated Fund
133. Appropriations to be authorised by law
134. Authorisation of expenditure in advance of appropriation
135. App ropriation and taxing measures require ministerial consent
136. Annual budget
137. Guarantees by Government
138. Public moneys to be accounted for
139. Standing appropriation of Consolidated fund for payment of certain salaries and
allowances
140. Standing appropriation of Consoli dated Fund for other purposes

CHAPTER 8–– ACCOUNTABILITY AND TRANSPARENCY
Part A –– CODE OF CONDUCT
141. Accountability and Transparency Commission

Part B –– FREEDOM OF INFORMATION
142. Freedom of information

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Part C –– AUDITOR -GENERAL
143. Auditor -General
144. Functions of Audit or-General

Part D –– RESERVE BANK OF FIJI
145. Reserve Bank of Fiji

Part E –– GENERAL PROVISIONS RELATING TO PUBLIC OFFICES
146. Application
147. Terms and conditions of office
148. Remuneration and allowances
149. Removal from office for cause
150. Performance of functions of commission s and tribunals

CHAPTER 9–– EMERGENCY POWERS
151. State of emergency

CHAPTER 10 –– IMMUNITY
152. Immunity granted under the 1990 Constitution continues
153. Immunity granted under the Limitation of Liability for Prescribed Political Events
Decree 2010 continues
154. Further im munity
155. Immunity entrenched

CHAPTER 11 –– AMENDMENT OF CONSTITUTION
156. Amendment of Constitution
157. Procedure for amendment

CHAPTER 12 –– COMMENCEMENT, INTERPRETATION,
REPEALS AND TRANSITIONAL
Part A –– SHORT TITLE AND COMMENCEMENT
158. Short title and commencement

Part B–– INTERPRETATION
159. Interpretation

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Part C –– REPEALS
160. Repeals

Part D –– TRANSITIONAL
161. Office of the President
162. Prime Minister and Cabinet Ministers
163. Public officers
164. Finance
165. Functions of Parliament and Speaker
166. Elections
167. Succession of institutions
168. Preservation of rights and obligations
169. Preservation of laws
170. Judicial proceedings

SCHEDULE 1

SCHEDULE 2

___ ____

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PREAMBLE

WE, THE PEOPLE OF FIJI,

DECLARING that we are all Fijians united by common and equal citizenry ;

RECOGNISING the Constitution a s the supreme law of our country that provides the
framework for the conduct of Government and all Fijians ;

COMMITTING ourselves to the recognition and protection of human rights, and our
respect for human dignity; and

DECLARING our commitment to justice , national sovereignty and security , social and
economic wellbeing, and safeguarding our environment;

HEREBY ESTABLISH THIS CONSTITUTION FOR THE REPUBLIC OF FIJI.

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CHAPTER 1 –– THE STATE

The Republic of Fiji
1. The Republic of Fiji is a sovereign democra tic State founded on the values of––

(a) common and equal citizenry and national unity;

(b) respect for human rights, freedom and the rule of law;

(d) equality for all and care for the less for tunate based on the values inherent in this
section and in the Bill of Rights contained in Chapter 2 ;

(e) human dignity, respect for the individual, personal integrity and responsibility,
civic involvement and mutual support;

(f) the principles of good governanc e, including the limitation and separation of
powers and other forms of checks and balances;

(g) transparency and accountability ; and

(h) a prudent, efficient and sustainable relationship with nature .

Supremacy of the Constitution
2.–– (1) This Constitution is t he supreme law of the State .

(2) Any law inconsistent with this Constitution is invalid to the extent of the inconsistency.

(3) The obligations imposed by this Constitution must be fulfilled, and this Constitution
shall be upheld and respected by all Fij ians and the State , including all persons holding a public
office , and shall be enforced through the courts, to ensure that ––

(a) laws and conduct are consistent with this Constitution;

(b) rights and freedoms are protected; and

(4) Any attempt to establish a Government other than in compliance with this Constitution
shall be unlawful , and ––

(a) anything done to further that attempt is invalid and of no force or effect; and

(b) no immunities can lawfully be granted under any law to any person in respect of
actions taken or omitted in furtherance of such an attempt.

Principles of Constitutional interpretation
3.–– (1) Any person interpreting or applying this Constitution must promote the spirit,
purpo se and objects of this Constitution, and the values that underlie a democratic society based
on human dignity, equality and freedom.

(2) If a law appears to be inconsistent with a provision of this Constitution, the court must
adopt a reasonable interpretation of that law that is consistent with the provisions of this
Constitution over an interpretation that is inconsistent with this Constitution.

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(3) This Constitution is to be adopted in the English language but translations in the
vernacular are to be made available.

(4) I f there is an apparent difference between the meaning of the English version of a
provision of this Constitution, and its meaning in the vernacular , the English version prevails.

Secular State
4.–– (1) Religious liberty, as recognised in the Bill of Rights , is a founding principle of the
State.

(2) Religious belief is personal.

(3) R eligion and the State are separate, which means ––

(a) the State and all persons holding a public office must treat all religions equally;

(b) the State and all persons holding a public office must not dictate any religious
belief;

(c) the State and all persons holding a public office must not prefer or advance, by
any means, any particular religion, religious denomination, religious belief, or
religious practice over another, or over any non -religious belief; and

(d) no person shall assert any religious belief as a legal reason to disregard this
Constitution or any other law.

Citizenship
5.–– (1) Subject to the provisions of this Constitution, a ll citizens of Fiji have equal status as
Fijians , which means that they are equally ––

(a) entitled to all the rights, privileges and benefits of citizenship; and

(b) subject to the duties and responsibilities of citizenship.

(2) Citizenship of Fiji may be acquired only by birth, registration or natural isation.

(3) Citizens of Fiji may hold dual or multiple citizenship, which means that ––

(a) upon accepting the citizenship of a foreign country, a person remains a citize n of
Fiji unless he or she renounce s that status;

(b) a former citizen of Fiji, who lost t hat citizenship upon acquiring foreign
citizenship, may regain citizenship of Fiji, while retaining that foreign citizenship
unless the laws of that foreign country provide otherwise; and

(c) upon becoming a citizen of Fiji, a foreign person may retain his or her existing
citizenship unless the law s of that foreign country provide otherwise.

(4) A written law shall prescribe ––

(a) the conditions upon which citizenship of Fiji may be acquired and the conditions
upon which a person may become a citizen of Fiji ;

(b) procedures relating to the making of applications for citizenship by registration or
na turalisation;

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(c) conditions relating to the right to enter and reside in Fiji;

(d) provisions for the prevention of statelessness;

(e) rules for the calculation of periods of lawful presence in Fiji by a person for the
purposes of determining citizenship;

(f) provisions relating to the renunciation and deprivation of citizenship ; and

(g) such other matters as are necessary to regulate the granting of citizenship .

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CHAPTER 2 –– BILL OF RIGHTS

Application
6.–– (1) This Chapter binds Parliament, the judiciary , the executive branch of Government at
all levels, and every person performing the functions of any public office .

(2) The State and every person holding a public office must res pect, protect, promote and
fulfil the rights and freedoms recognised in this Chapter.

(3) A provision of this Chapter binds a natural or legal person, taking into account ––

(a) the nature of the right or freedom recognised in that provision; and

(b) the nature of any restraint or duty imposed by that provision.

(4) A legal person has the rights and freedoms recognised in this Chapt er, to the extent
required by the nature of the right or freedom, and the nature of the particular legal person.

(5) To the exten t that it is capable o f doing so, this Chapter extends to things done or
actio ns taken outside Fiji.

(6) The rights and fr eedoms set out in this Chapter apply according to their tenor and may
be limited by limitations expressly set out or authorised in r elation to a particular right or freedom
in this Chapter , or as limited by provisions set out elsewhere in th is Constitution.

(7) Laws made, and administrative and judicial actions taken, after the commencement of
this Constitution, are subject to the pro visions of this Chapter.

(8) Subject to the provisions of this Constitution, this Chapter applies to all laws in force at
the commencement of this Constitution.

Interpretation of this Chapter
7.–– (1) In addition to complying with section 3 , when interp reting and applying this
Chapter, a court, tribunal or other authority ––

(a) must promote the values that underlie a democratic society based on human
dignity, equality and freedom; and

(b) may , if relevant, consider international and foreign law , applicable to the
protection of the rights and freedoms in this Chapter.

(2) This Chapter does not deny, or prevent recognition of, any other right or freedom
recognised or conferred by common law or written law, except to the extent that it is inconsistent
with this C hapter.

(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because
the law exceeds the limits imposed by this Chapter if the law is reasonably capable of a more
restricted interpretation that does not exceed those limit s, and in that case, the law must be
construed in accordance with the more restricted interpretation .

(4) When deciding any matter according to commo n law, a court must apply and, where
necessary, develop common law in a manner that respects the rights re cognis ed in this Chapter.

(5) In consideri ng the application of this Chapter to any particular law, a court must
interpret this Chapter contextually, having regard to the content and consequences of the law,
including its impact upon individuals or group s of individuals .

Right to life
8.–– (1) Every person has the right to life , and a person must not be arbitrarily deprived of
life .

(2) Deprivation of life shall not be regarded as inflicted in contravention of this section
when it results from the use o f force which is no more than absolutely necessary ––

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained; or

Right to personal liberty
9.–– (1) A person must not be deprived of personal liberty except ––

(a) for the purpose of executing the sentence or order of a court, whether handed
down or made in Fiji or elsewhere, in respect of an offence of which the person is
convicted;

(b) for the purpose of executing an order of a court punishing the person for contempt
of the court or of another court or tribunal;

(c) for the purpose of executing an order of a court made to secure the fulfilment of
an oblig ation imposed on the person by law;

(d) for the purpose of brin ging the person before a court in execution of an order of a
court;

(e) if the person is reasonably suspected of having committed an offence;

(f) with the consent of the person’s parent or lawful guardi an or upon an order made
by a court, for the purpose of the person’s education or welfare during any period
ending not later than the date of his or her 18 th birthday;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) for t he purpose of the person’s care or treatment or for the protection of the
community if he or she is, or is reasonably suspected to be, of unsound mind,
addicted to drugs or alcohol or a vagrant; or

(i) for the purpose of preventing the unlawful entry of the p erson into Fiji or of
effecting the expulsion, extradition or other lawful removal of the person from
Fiji.

(2) Subsection (1) (c) does not permit a court to make an order depriving a person of
personal liberty on the ground of failure to pay maintenance o r a debt or tax, unless the court
considers that the person has wilfully refused to pay despite having the means to do so.

(3) If a person is detained pursuant to a measure authorised under a state of emergency ––

(a) the person must, as soon as is reasonabl y practicable and in any event within 7
days after the start of the detention, be given a statement in writing, in a language
that the person understands, specifying the grounds of the detention;

(b) the person must be given the opportunity to communicate wit h, and to be visited
by ––

(i) his or her spouse, partner or next -of-kin;

(ii) a legal practitioner;

(iii) a religious counsellor or a social worker; and

(iv) a medical practitioner ;

(d) the detention must, within one month and thereafter at intervals of not more than
1 month, be reviewed by a court; and

(e) at any review by a court, the person may appear in person or be represented by a
legal practitioner.

(4) At any revie w of the detention under subsection (3), the court may make such orders as
appropriate as to the continued detention of the person.

Freedom from slavery, servitude, forced labour and trafficking
10.–– (1) A person must not be held in slavery or servitude, or subjected to forced labour or
human trafficking.

(2) In this section, “forced labour” does not include ––

(a) labour required in consequence of a sentence or order of a court;

(b) labour reasonably required of a person serving a term of imprisonment, whether
or not required for the hygiene or maintenance of the prison; or

Freedom from cruel and degrading treatment
11.–– (1) Every person has the right to freedom f rom torture of a ny kind, whether physical,
mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment
or punishment.

(2) Every person has the right to security of the person, which includes the right to be free
from any form of violen ce from any source, at home, school, work or in any other place.

(3) Every person has the right not to be subjected to any scientific or medical treatment or
procedure without an order of the court or without his or her informed consent , or if he or she i s
incapable of giving informed consent, without the informed consent of a lawful guardian .

Freedom from unreasonable search and seizure
12.–– (1) Every person has the right to freedom from unreasonable search of his or her
person or property and unreasona ble seizure of his or her property .

(2) Search or seizure is not permissible otherwise than under the authority of the law .

Rights of arrested and detained persons
13.–– (1) Every person who is arrested or detained has the right ––

(a) to be informed promptly , in a language that the person understands, of ––

(i) the reason for the arrest or detention;

(ii) the right to remain silent ; and

(iii) the consequences of not remaining silent;

(b) to remain silent;

(c) to communicate with a legal practitioner of his or her choice in priv ate in the
place where he or she is detained, to be informed of that right promptly and, if he
or she does not have sufficient means to engage a legal practitioner and the
interests of justice require legal representation to be available, to be given the
services of a legal practitioner under a scheme for legal aid;

(d) not to be compelled to make any confession or admission that could be used in
evidence against th at person;

(e) to be held separately from persons who are serving a sentence , and in the case of
a child, t o be kept apart from adults unless that is not in the best interests of the
child ;

(f) to be brought before a court as soon as reasonably practicable, but in any case not
later than 48 hours after being arrested , or if that is not reasonably possible, as
soon as possible thereafter ;

(g) at the first court appearance, to be charged or informed of the reasons for the
detention to continue, or to be released;

(h) to be released on reasonable terms and conditions, pending a charge or trial,
unless the interests of justice otherwise require ;

(i) to challenge the lawfulness of the detention in person before a court and, if the
detention is unlawful, to be rel eased;

(j) to conditions of detention that are consistent with human dignity, including at
least the opportunity to exercise regularly and the provision, at State expense, of
adequate accommodation, nutrition, and medical treatment; and

(k) to communicate with, and be visited by, ––

(i) his or her spouse , partner or next of kin; and

(ii) a social worke r or a religious counsello r.

(2) Whenever this section requires information to be given to a person, that information
must be given simply and clearly in a language that the person understands.

(3) A person who is deprived of liberty by being detained, held in custody or imprison ed
under any law retains all the rights and freedoms set out in this Chapter, except to the extent that

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any particular right or freedom is clearly incompatible with the fact of being so deprived of
liberty.

Rights of accused persons
14.–– (1) A person may not be tried at all for ––

(a) any act or omission that was not an offence under either domestic or internation al
law at the time it was committed or omitted; or

(b) an offence in respect of an act or omission for which that person has p reviously
been either acqu itted or convicted.

(2) Every person charged with an offence has the right ––

(a) to be presumed innocent until proven guilty according to law;

(b) to be informed of the charge with sufficient detail to answer it;

(c) to have adequate time and facilities to prepare a defence , including if he or she
requires, a right of access to witness statements ;

(d) to defend himself or herself in person or to choose, and to be represented by, a
legal practitioner, and to be informed promptly of this right and, if he or she does
not have sufficient means to engage a legal practitioner and the interests of justice
require legal representation to be available, to be given the services of a legal
practitioner under a scheme for legal aid , and to be informed pro mptly of this
right ;

(e) to b e informed in advance of the evidence on which the prosecution intends to
rely, and to have reasonable access to that evidence;

(f) to a public trial before an ordinary court , unless the interests of justice otherwise
require ;

(g) to have the trial begin and con clude without unreasonable delay;

(h) to be present when being tried, unless ––

(i) the court is satisfied that the person has been served with a summons or
similar process requiring attendance at the trial, and has chosen not to
attend; or

(ii) the conduct of the pe rson makes it impracticable to conduct the trial;

(i) to be tried in a language that the person understands or, if that is not practicable,
to have the proceedings interpreted in such a language without cost to the person;

(j) to remain silent, not to testify du ring the proceedings, and not to be compelled to
give self -incriminating evidence, and not to have adverse inference drawn from
the exercise of any of these rights ;

(k) not to have unlawfully obtained evidence adduced against him or her unless the
interest of justice require it to be admitted ;

(l) to call witnesses and present evidence, and to challenge evidence presented
against the person;

(m) to a copy of the record of proceedings within a reasonable period and on payment
of a reasonable prescribed fee;

(n) not to b e found guilty in respect of an act or omission unless the act or omission
constituted an offence at the time it occurred;

(o) to the benefit of the least severe of the prescribed punishments if the prescribed
punishment for the offe nce has been changed betw een the time the offence was
committed and the time of sentencing; and

(p) of appeal to, or review by, a higher court.

(3) Whenever this section requires information to be given to a person, that information
must be given as simply and clearly as practicable , in a language that the person understands .

(4) A law is not inconsistent with subsection (1 ) ( b) to the extent that it ––

(a) authorises a court to try a member of a disciplined force for a criminal offence
despite his or her trial and conviction or acquitt al under a disciplinary law; and

(b) requires the court, in passing sentence, to take into account any punishment
awarded against the member under the disciplinary law.

Access to courts or tribunals
15.–– (1) Every person charged with an off en ce has the right to a fair tria l before a court of
law .

(2) Every party to a civil dispute has the right to have the matter determined by a court of
law or if appropriate , by an independent and impartial tribunal.

(3) Every person charged with an offence and every party to a civil dispute has the right to
have the case determined within a reasonable time.

(4) The hearings of courts (other than military courts) and tribunals established by law must
be open to the public unless the interests of justice require otherwise .

(5) Subsection (4) does not prevent ––

(a) the making of laws relating to the trials of juveniles, or to the determination of
family or domestic disputes, in a closed court; or

(b) the exclusion by a court or tribunal from particular proceedings (except the
ann ouncement of the decision of the court or tribunal) of a person other than
parties and their legal representatives if a law empowers it to do so in the interests
of justice, public morality, the welfare of persons under the age of 18 years ,
personal privac y, national security, public safety or public order.

(6) Every person charged with an offence, every party to civil proceedings, and every
witness in criminal or civil proceedings has the right to give evidence and to be questione d in a
language that he o r she understands.

(7) Every person charged with an offence and every party to civil proceedings has the right
to follow the proceedings in a language that he or she understands.

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(8) To give effect to the rights referred to in subsections (6) and (7), th e court or tribunal
concerned must, when the interest s of justice so require, provide, without cost to the person
concerned, the services of an interpreter or of a person competent in sign language.

(9) If a child is called as a witness in criminal procee dings, arrangements for the taking of
the child’s evidence must have d ue regard to the child’s age .

(10 ) The State, through law and other measures, must provide for legal aid for those who
cannot afford to pursue justice on the strength of their own resou rces, if injustice would otherwise
result.

(11 ) If any fee is required to access a court or tribunal, it must be reasonable and must not
impede access to justice.

(12 ) In any proceedings, evidence obtained in a manner that infringes any right in this
Cha pter, or any other law, must be excluded unless the interests of justice require it to be
admitted.

Executive and administrative justice
16.–– (1) Subject to the provisions of this Constitution and such other limitations as may be
prescribed by law ––

(a) eve ry person has the right to executive or administrative action that is lawful,
rational, proportionate, procedurally fair, and reasonably prompt ;

(b) every person who has been adverse ly affected by any executive or administrative
action has the right to be giv en written reasons for the action ; and

(c) any executive or administrative action may be reviewed by a court, or if
appropriate, another independent and impartial tribunal, in accordance with law .

(2) This section does not apply to any company registered und er a law governing
companies.

(3) This section shall not have retrospective effect, and shall only apply to executive and
administrative actions taken after the date of the first sitting of the first Parliament elected under
this Constitution.

Freedom o f expression, publication and media
17.–– (1) Every person has the right to freedom of expression and publication, which
includes ––

(a) freedom to seek, receive and impart information, knowledge and ideas;

(b) freedom of the press, including print, electronic and other media;

(d) academic freedom and freedom of scientific research.

(2) Freedom of expression and publication does not protect ––

(a) propaganda for war;

(b) incitement to violence or insurrection against this Constitu tion; or

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(c) advocacy of hatred that ––

(i) is based on any prohibited ground of discrimination listed or prescribed
under section 26; and

(ii) constitutes incitement to cause harm.

(3) A law may limit, or may authorise the limitation of, the right to freedom of exp ression in
the interests of ––

(a) national security, public safety, public order, public morality, public health or the
orderly conduct of elections;

(b) the protection or maintenance of the reputation, privacy, dignity, rights or
freedoms of other persons, incl uding ––

(i) the right to be free from hate speech, whether directed against individuals
or groups; and

(ii) the rights of persons injured by inaccurate or offensive media reports to
have a correction published on reasonable conditions established by law ;

(d) preventing attacks on the dignity of individuals, groups of individuals or
respected offices or institutions in a manner likely to promote ill will between
ethnic or religious gro ups or the oppression of, or discrimination against, any
person or group of persons ;

(e) maintaining the authority and independence of the courts;

(f) imposing reasonable restrictions on the holders of public offices in order to secure
their impartial and confid ential service;

(g) regulating the technical administration of telecommunications; or

(h) making provisions for the enforcement of media standards and providing for the
regulation, registration and conduct of media organisations.

(4) In this section, “hate spee ch” means an expression in whatever form that encourages, or
has the effect of encouraging discrimination on a ground listed or prescribed under section 26.

Freedom of assembly
18 .–– (1) Every person has the right, peaceably and unarmed, to assemble, demon strate,
picket and to present petitions.

(2) A law may limit, or may authorise the limitation o f, the right mentioned in subsection
(1) ––

(a) in the interests of national security, public safety, public order, public morality,
public health or the orderly c onduct of elections;

(b) for the purpose of protecting the rights and freedoms of others; or

(c) for the purpose of imposing reasonable restrictions on the holders of public
offices in order to secure their impartial service.

Freedom of association
19 .–– (1) Ev ery person has the right to freedom of association.

(2) A law may limit, or may authorise the limitation o f, the right mentioned in subsection
(1) ––

(a) in the interests of national security, public safety, public order, public morality,
public health or th e orderly conduct of elections;

(b) for the purpose of protecting the rights and freedoms of others;

(c) for the purpose of imposing reasonable restrictions on the holders of public
offices and members of a disciplined force in order to sec ure their impartial
service ;

(d) for the purposes of regulating the registration of trade unions, or of any
federation, congress, council or affiliation of trade unions, or of any federation,
congress, council or affiliation of employers;

(e) for the purpose s of regulating collectiv e bargaining processes , providing
mechanisms for the resolution of employment disputes and grievances, and
regulating strikes and lockouts; or

(f) for the purpose s of regulating essential services and industries, in the overall
interests of the Fijian economy and the citizens of Fiji.

Employment relations
20 .–– (1) Every person has the rig ht to fair employment practices, including humane
treatment and proper working conditions.

(2) Every worker has the right to form and join a trade union, and participate in its activities
and programmes, and to strike.

(3) Every employer has the right to form and join an employers ‘ organisation, and to
participate in its ac tivities and programmes.

(4) Trade unions and employers have the right to bargai n collectively.

(5) A law may limit, or may authorise the limitation of, the rights mentioned in this section
––

(a) in the interests of national security, public safety, public order, public morality,
public health or the orderly conduct of elections;

(b) for the purpose s of prote cting the rights and freedoms of others;

(c) for the purpose s of imposing reasonable restrictions on the holders of public
offices and members of a disciplined force in order to secure their impartial
service ;

21
(e) for the purpose s of regulating collective bargaining processes , providing
mechanisms for the res olution of employment disputes and grievances, and
regulating strikes and lockouts; or

(f) for the purpose s of regulating essential services and industries, in the overall
interests of the Fijian economy and the citizens of Fiji.

Freedom of movement and res idence
21.–– (1) Every person has the right to freedom of movement.

(2) Every citizen has the right to apply for and be issued a passport or similar travel
document, in accordance with any condition prescribed by written law.

(3) Every citizen, and every other person lawfully in Fiji, has the right to move freely
throughout Fiji and the right to leave Fiji.

(4) Every citizen, and every other person who has a right to reside in Fiji, has the right to
reside in any part of Fiji .

(5) Every person who is not a citizen but is lawfully in Fiji has the right not to be expelled
from Fiji except pursuant to an order of a court or a decision of the Minister responsible for
immigration on a ground prescribed by law .

(6) A law, or anything done under the authority of a law, is not inconsistent with the rights
granted by this section to the extent that the law ––

(a) provides for the detention of the person or enables a restraint to be place d on the
person’s movements, whether ––

(i) for the purpose of ensuring his or her ap pearance before a court for trial
or other proceedings;

(ii) in consequence of his or her conviction for an offence; or

(iii) for the purpose of protecting another person from apprehended violence;

(b) provides for a person who is a non -citizen to be detained or restr ained as a
consequence of his or her arrival in Fiji without the prescribed entry
documentation;

(d) provides for the removal from Fiji, on the order of the High Court, of a ny child
who had previously been unlawfully removed from another country, for the
purpose of restoring the child to the lawful custody of his or her parent or lawful
guardian;

(e) provides for the removal from Fiji of a person who is not a citizen for the pur pose
of enabling the person to serv e a sentence of imprisonment in the country of the
person’s citizenship in relation to a criminal offence of which he or she has been
convicted in Fiji; or

(f) regulates, controls or prohibits the entry of persons on to land or property owned
or occupied by others.

22
(7) A law may limit, or may authorise the limitation of, the rights mentioned in this section
––

(a) in the interests of national security, public safety, public order, public moralit y,
public health or the orderly conduct of elections;

(b) for the purpose of protecting the rights and freedoms of others;

(d) for the purpose of imposing a restriction on the person that is reasonably required
to secure the fulfilment o f an obligation imposed on the person by law; or

(e) for the purpose of imposing reasonable restrictions on the holders of public
offices as part of the terms and conditions of their employment.

(8) S ubsections (3) and (4) of section 9 apply to a person who se right to freedom of
movement is restricted pursuant to a measure authorised under a state of emergency in the same
way as they apply to a person detained pursuant to such a measure .

Freedom of religi on
22.–– (1) Every person has the right to freedom of conscience, religion, belief, thought and
opinion.

(2) Every person has the right, either individually or in community with others, in private or
in public, to manifest and practise their religion or belief in worship, observance, practice or
teaching.

(3) Every person has the right not to be compelled ––

(a) to act in any manner that is contrary to the person’s religion or belief; or

(b) to take an oath, or take an oath in a manner, that ––

(i) is contrary to the person’s religion or belief; or

(ii) requires the perso n to express a belief that the person does not hold.

(4) Every religious community or denomination, and every cultural or social community,
has the right to establish, maintain and manage places of education whether or not it receives
financial assistance from the State, provided that the educational institution maintains any
standards prescribed by law.

(5) In exercising its rights under subsection (4), a religious community or denomination has
the right to provide religious instruction as part of any ed ucation that it provides, whether or not it
receives financial assistance from the State for the provision of that education.

(6) Except with his or her consent or, in the case of a person under the age of 18 years, the
consent of a parent or lawful guard ian, a person attending a place of education is not required to
receive religious instruction or to take part in or attend a religious ceremony or observance if the
instruction, ceremony or observance relates t o a religion that is not his or her own or if he or she
does not hold any religious belief.

(7) The right set out in subsection (2) may be made subject to such limitations prescribed by
law as are necessary ––

23
(a) to protect ––

(i) the rights and freedoms of other persons; or

(ii) public safety, public order, pu blic mo rality or public health; or

(b) to prevent public nuisance.

Political rights
23 .–– (1) Every citizen has the freedom to make political choices, and the right ––

(a) to form or join a political party;

(b) to participate in the activities of, or recruit members for, a political party; and

(2) Every citizen has the right to free, fair and regular elections for any elective institution
or office established under this Constitution.

(3) Every citizen who has reached the age of 18 years has the right ––

(a) to be registered as a voter;

(b) to vote by secret ballot in any election or referendum under this Constitution;

(c) to be a candidate for publ ic office, or office within a political party of which the
citizen is a m ember, subject to satisfying any qualifications for such an office;
and

(d) if elected, to hold office.

(4) A law may limit, or may authorise the limitation of, the rights mentioned in this section
––

(a) for the purpose of regulating the registration of voters , and prescribing persons
who do not have or have ceased to have a right to be registered as a voter ;

(b) for the purpose of regulating the registration of political parties and prescribing
persons who do not have the rights prescribed in subsection (1) and s ubsection
3(c) and (d) ;

(c) for the purpose of regulating persons who are not eligible to contest for a place in
Parliament or in a public office, or an office within a political party ; or

(d) for the purpose of imposing reasonable restrictions on the holders o f public
offices (as defined in any such law) from the rights set out in this section .

Right to privacy
24.–– (1) Every person has the right to privacy, which includes the right ––

(a) to confidentiality of their personal information;

(b) to confidentiality of their communications; and

(2) A law may limit, or may authorise the limitation of, the rights set out in subsection (1) .

Access to information
25.–– (1) Every person has the right of access to ––

(a) information hel d by any public office ; and

(b) information held by another person and required for the exercise or protection of
any legal right.

(2) Every person has the right to the correction or deletion of untrue or misleading
information that affects that person.

(3) A law may limit, or may authorise the limitation of, the rights set out in subsection (1),
and regulate the procedure under which information held by a public office may be made
available.

Right to equality and freedom from discrimination
26.–– (1) Eve ry person is equal befo re the law and has the right to equal protection and
benefit of the law.

(2) Equality includes the full and equal enjoyment of all rights and freedoms recognised in
this Chapter or any other written law .

(3) A person must not be un fairly discriminated against, directly or indirect ly on the
grounds of his or her ––

(a) actual or supposed personal characteristics or circumstances, including race,
culture, ethnic or social origin, colour, place of origin, gender, sexual orientation,
gender identity, birth, primary language, economic or social or health status,
disability, age, religion, marital status or pregnancy; or

(b) opinions or beliefs, except to the extent that those opinions o r beliefs involve
harm to others or the diminution of the ri ghts or freedoms of other s,

or on any other gr ound prohibited by this Constitution.

(4) Accordingly, neither a law nor an administrative action taken under a law may directly
or indirectly impose a disability or restriction on any person on a prohibited ground.

(5) Every person has the right of access, without discrimination on a prohibited ground, to
shops, hotels, lodging -houses, public restaurants, places of public entertainment, public
transportation services, taxis and public places.

(6) The propr ietor of a place or service referred to in subsection (5) must facilitate
reasonable access for disabled persons to the extent prescribed by law.

(7) A person shall not discriminate directly or indirectly against any other person on any of
the prohibited grounds .

(8) Treating one person differently fr om another on any of the grounds prescribed under
subsection (3) is discrimination, unless it can be established that the difference in treatment is
reasonable in the circumstances.

(9) A law is not inconsi stent with the rights mentioned in this section on the ground that it ––

(a) appropriates revenues or other moneys for particular purposes ;

(b) imposes a retirement age on a person;

(c) imposes restriction s on persons who are not citizens, or confers on them a
privi lege or advantage, not imp osed or conferred on citizens;

(d) makes provision with respect to adoption, marriage, divorce, burial, devolution of
property on death , and pension ; or

(e) excludes person s from holding certain offices.

Freedom from arbitrary expropri ation
27.–– (1) Every person has the right not to have any interest in any property expropriated
other than in accordance with a written law referred to in subsection (2), and no law may permit
arbitrary expropriation of any interest in any property.

(2) A written law may authorise compulsory expropriation of property ––

(a) when necessary for a public purpose; and

(b) on the basis that the owner will be promptly paid agreed compensation for the
property, or failing agreement, just and equitable compensation as de termined by
a court, after considering all relevant factors, including ––

(i) the public purpose for which the property is being acquired;

(ii) the history of its acquisition by the owner;

(iii) the market value of the property;

(iv) the interests of any person affected by the acquisition; and

(v) any hardship to the owner.

(3) Nothing contained in, or done under the authority of, a law is inconsistent with this
section to the extent that the law makes provision for the acquisition of property by way of ––

(a) taxation;

(b) sequestr ation of bankrupt estates;

(d) penalty for breach of the law;

(e) satisfaction of a mortgage, charge or lien; or

(f) execution of a judgment of a court.

Right to e ducation
28 .–– (1) Every person has the right to ––

(a) early chil dhood education;

26
(b) primary and secondary education; and

(2) The State must take reasonable measures within its available resources to achieve the
progressive realisation of the right ––

(a) to free early childhood, primary, secondary and further education ; and

(b) to education for persons who were unable to complete their primary and
secondary education.

(3) The State may direct any educational institution to teach subjects pertaining to health,
civic education and issues of national interest, and any educational institution must comply with
any such directions made by the State.

(4) In applying any right under this section, if the State claims that it does not have the
resources to implement the right, it is the responsibility of the State t o show that the resources are
not available.

Right to e conomic participation
29 .–– (1) Every person has the right to full and free participation in the economic life of the
nation, which includes th e right to choose their own work, trade, occupation, profe ssion or other
means of livelihood.

(2) The State must take reasonable measures within its available resources to achieve the
progressive realisation of the rights recognised in subsection (1).

(3) A law may limit, or may authorise the limitation of, the rights set out in subsection (1) .

Right to work and a just minimum wage
30.–– (1) The State must take reasonable measures within its available resources to achieve
the progressive realisation of the right of every person to work and to a just minimum wage .

(2) In applying any right under this section, if the State claims that it does not have the
resources to implement the right, it is the responsibility of the State to show that the resources are
not available.

Right to reasonable access to transportati on
31.–– (1) The State must take reasonable measures within its available resources to achieve
the progressive realisation of the right of every person to have reasonable access to transportation.

Right to housing and sanitation
32.–– (1) The State must take reasonable measures within its available re sou rces to achieve
the progressive realisation of the right of every person to accessible and adequate housing and
sanitation.

Right to adequate food and water
33.–– (1) The State must take reasonable measures within its available resources to achieve
the progressive realisation of the right of every person to be free from hunger, to have adequate
food of acceptable quality and to clean and safe water in adequate quantities.

(2) In applying any right under this section, if the State claims that it does not have the
resources to implement the right, i t is the responsibility of the State to show that the resources are
not available.

Right to social security schemes
34.–– (1) The State must take reasonable measures within its available resources to achieve
the progressive realisation of the right of ever y person to social security schemes, whether private
or public, for their support in times of need, including the right to such support from public
resources if they are unable to support themselves and their dependants.

Right to health
35.–– (1) The State must take reasonable measures within its ava ila ble resources to achieve
the progressive realisation of the right of every person to health, and to the conditions and
facilities necessary to good health, and to health care services, including reproductive health care.

(2) A person must not be denied em ergency medical treatment .

(3) In applying any right under this section, if the State claims that it does not have the
resources to implement the right, it is the responsibility of the State to show that the resources are
not available.

Freedom from arbitrary evictions
36.–– (1) Every person has the right to freedom from arbitrary evictions from his or her
home or to have his or her home demolished, without an order of a court made after considering
all the relevant circumstances .

(2) No law may permi t arbitrary evictions.

Environmental rights
37 .–– (1) Every person has the right to a clean and healthy environment, which includes the
right to have the natural world protected for the benefit of present and future generations through
legislative and othe r measures .

(2) A law may limit, or may authorise the limitation of, the rights set out in this section .

Rights of c hildren
38.–– (1) Every child has the right ––

(a) to be registered at or soon after birth, and to have a name and nationality;

(b) to basic nutri tio n, clothing, shelter, sanitation and health care;

(c) to family care, protection and guidance, which includes the equal responsibility of
the child’s parents to provide for the child ––

28
(i) whether or not the parents are, or have ever been, married to each oth er;
and

(ii) whether or not the parents are living together, have lived together, or are
separated;

(d) to be protected from abuse, neglect, harmful cultural practices, any form of
violence, inhuman e treatment and punishment, and hazardo us or exploitative
labour; and

(e) not to be detained, except as a measure of last resort, and when detained, to be
held ––

(i) only for such period of time as is necessary ; and

(ii) separate from adults, and in conditions that take account of the child’s
sex and age.

(2) The best interests of a child are the primary consideration in every matter concerning the
child.

Rights of pe rsons with disabilities
39.–– (1) A person with any disability has the right ––

(a) to reasonable access to all places, public transport and information;

(b) to use sign la nguage, Braille or other appropriate means of communication; and

(2) A person with any disability has the right to reasonable adaptation of buildings ,
infrastructure, vehicles, working arrangements, rules, practices or procedures, to enable their full
participation in society and the effective reali sation of their rights.

Limitation of rights under states of emergency
40 .–– (1) Any law enacted or promu lgated in consequence of a declaration of a state of
emergency under this Constitution ––

(a) may limit a right or freedom set out in this Chapter (with the exception of the
rights and freedoms set out in sections 8, 10, 11, 13, 14, 15, 16, 22, and 26) only
to the extent that —

(i) the limitation is strictly required by the emergency; and

(ii) the law is consistent with Fiji ’s obligations under int ernational law
applicable to a s tate of emergency; and

(b) takes effect only when it has been published.

(2) A person detai ned under a law contemplated in subsection (1) retains all the rights
recognised in this Chapter, subject only to the limitations referred to in subsection (1).

Enforcement
41.–– (1) If a person considers that any of the provisions of this Chapter has been or is likely
to be contravened in relation to him or her (or, in the case of a person who is detained, if another

29
person considers that there has been, or is likely to be, a contravention in relation to the detained
person), then that person (or the other person) may apply to the High Court for redress.

(2) The right to make application to the High Court under subsection (1) is without
prejudice to any other action with respect to the matter that the person concerned may have.

(3) The High Court has or iginal jurisdiction ––

(a) to hear and determine applications under subsection (1); and

(b) to determine questions that are referred to it under subsection (5);

and may make such order s and give such directions as it considers appropriate.

(4) The High Court m ay exercise its discretion not to grant relief in relation to an
application or referral made under this section if it considers that an adequate alternative remedy
is available to the person concerned.

(5) If in any proceedings in a subordinate court any question arises as to the contravention
of any of the provisions of this Chapter, the member presiding in the proceedings may, and must
if a party to the proceedings so requests, refer the question to the High Court unless, in the
member’s opinion (which is final and not subject to appeal), the raising of the question is frivolous
or vexatious.

(6) When the High Court gives its decision on a question referred to it under this section,
the court in which the question arose must dispose of the case in acco rdance with ––

(a) the decision; or

(b) if the decision is the subject of appeal to the Court of Appeal or to the Supreme
Court –– the decision of the Court of Appeal o r the Supreme Court, as the case
may be.

(7) The Attorney -General may, on behalf of the State, intervene in proceedings before the
High Court that relate to a matter concerning a provision in this Chapter.

(8) If the proceedings before the High Court relate to a matter concerning a provision of this
Chapter, the High Court must not proceed to hea r and determine the matter until it is satisfied that
notice of the matter has been given to the Attorney -General and a reasonable time has elapsed
since the giving of the notice for consideration by the Attorney -General of the question of
intervention in the proceedings.

(9) A notice under subsection (8) is not required to be given to the Attorney -General if the
Attorney -General or the State is a party to the proceedings .

(10) The Chief Justice may make rules for the purposes of this section with respect to the
practice and procedure of the High Court (including rules with respect to the time within which
applications are to be made to the High Court) .

Human Rights and Anti -Discrimination Commission
42.–– (1) The Human Rights Commission established under the Human Rights Commission
Decree 2009 continues in existence as the Human Rights and Anti -Discrimination Commission .

(2) The Commission is responsible for ––

30
(a) promoting the protection and observance of, and respect for, human rights in
public and private institutions, and to develop a culture of human rights in Fiji;

(b) education about the rights and freedoms recognised in this Chapter , as well as
other internationally recognised rights and freedoms;

(d) making recommendations to Government concerning the matters affecting the
rights and freedoms recognised in th is Chapter , including recommendations
concerning existing or proposed law s;

(e) receiving and investigati ng complaints about alleged abuses of human rights and
take steps to secure appropriate redress if human rights have been violated ,
including making applications to court for redress or for other reliefs or remedies ;

(f) investigating or researching, on its o wn initiative or on the basis of a complaint,
any matter in respect of human rights, and make recommendations to improve the
functioning of public or private entities;

(g) monitoring compliance by the State with obligations under treaties and
conventions rela ting to human rights; and

(h) performing any other functions or exercising any powers as are conferred on the
Commission by a written law .

(3) Any person has the right to complain to the Commission, alleging that a right or
freedom in t his Chapter has been d enied, violated or infringed, or is threatened.

(4) The Commission has such other powers, as set out in the Human Rights Commission
Decree 2009 or in any other written law .

31
CHAPTER 3–– PARLIAMENT

Part A — LEGISLATIVE AUTHORITY

Legislative role of Parliame nt
43 .–– (1) The authority and power to make laws for the State is vested in Parliament and is
exercised through the enactment of Bills passed by Parliament and assented to by the President.

(2) No person or body other than Parliament has authority to make any law in Fiji, except
under authority conferred by this Constitution or by a written law .

Exercise of legislative powers
44 .–– (1) Any member of Parliament may introduce a Bill in Parliament, but only the
Minister responsible for finance, or another Minister authorised by Cabinet, may introduce a
Money Bill, as described in subsection (4) .

(2) Parliament may proceed to consider any Bill in accordance with its standing orders,
which must provide ––

(a) a structured process for introduction, deliberation, ame ndment and enactment of
Bills; and

(b) sufficient time to elapse between the steps in the process for members and
committees to give due consideration to each Bill.

(3) A Bill may proceed more quickly than permitted by the standing orders if ––

(a) when the Bill was introduced, the mover requested that Parliament approve
consideration of the Bill without delay; and

(b) a majority of the members of Parliament voted in support of that request.

(4) A Money Bill is any Bill that —

(a) imposes, increases, alters, remits, grants exemptions from, reduces or abolishes
taxes;

(b) imposes charges on a public fund or varies or repeals any of those charges;

(d) raises or guarantees any loan, or its repayment;

(e) deals with the receipt, custody, investment, issue or audit of money; or

(f) deals with anything incidental to those matters.

Presidential assent
45.–– (1) When a Bill has been passed by Parliament, the Speaker must send it to the
President for assent.

(2) Within 7 day s after receipt of a Bill, the President must provide his assent .

(3) If the President does not assent to a Bill within the period set out in subsection (2), the
Bill will be taken to have been assented to on the expiry of that period .

Coming in force o f laws
46 .–– (1) Within 7 days after a Bill has been assented to, the Attorney -General must publish
the Bill in the Gazette as an Act of Parliament.

(2) An Act of Parliament comes into force ––

(a) on a date determined by or in accordance with the Act; or

(b) on the 7th day after its publication in the Gazette , if the Act does not determine a
date or provide for a date to be determined.

Regulations and similar laws
47.–– (1) No person may make any regulation, or issue any other instrument having the
force of law, except as expressly authorised by this Constitution or a written law .

(2) A person making any regulations or issuing any instrument having the force of law
must, so far as practicable, provide reasonable opportunity for public participation in the
develo pment and review of the law before it is made .

Parliamentary authority over international agreements
48.–– (1) An international agreement binds the State only after it has been approved by
Parliament, unless it is an agreement referred to in subsection (2) .

(2) An international agreement of a technical and administrative nature, entered into by
Cabinet, may bind the State without approval by Parliament, but must be tabled in Parliament.

Part B— COMPOSITION

Members of Parliament
49. The members of Parliam ent shall be chosen by secret ballot in free and fair elections
administered by the Electoral Commission, in accordanc e with this Constitution and any written
law governing elections .

Proportional representation system
50 .–– (1) The election of members of Parliament is by a multi -member open list system of
proportional representation , under which each voter has one vote, with each vote being of equal
value .

(2) A written law shall make provisions relating to election of members of Parliament .

Compositio n of Parliament
51 .–– (1) For the first election of members of Parliament held under this Constitution,
Parliament shall consist of 45 members, elected in accordance with this Constitution.

(2) For each election of members of Parliament after the first ele ction held under this
Constitution, the Electoral Commission shall , at least 1 year before any such election, review the
composition of Parliament and may , if necessary, increase or decrease the total number of
members in Parliament to ensure that, as far as practicable, at the date of any such review, the
ratio of the number of members in Parliament to the population of Fiji is the same as the ratio of
the number of members in Parliament to the population of Fiji at the date of the first election held
unde r this Constitution.

(3) In conducting a review under subsection (2), the Electoral Commission shall have
regard to the population of Fiji as ascertained from the most recent census, the National Register
of Voters or any other official information availa ble .

(4) If the Electoral Commission makes a determination to alter the composition of
Parliament in exercise of its powers under subsection ( 2), then the composition of Parliament
shall , for the purpose of the election of members of Parliament to be held after the date of the
determination, be deemed to be amended to such number of members as determined by the
Electoral Commission.

(5) A written law may make further provisions to give effect to the review under subsection
(2) .

Electoral divisions
52 .–– (1) The total number of members in Parliament shall be divided into 4 electoral
divisions , the boundaries of which are contained in Schedule 2 .

(2) For the first election of members of Parliament held under this Constitution, the total
number of members i n Parliament are allocated to the 4 electoral divisions as follows:

(a) Central Division –– 18 members ;

(b) Western Division –– 16 members ;

(d) Eastern Division –– 4 members .

(3) For each election of members of Parliament af ter the first election held under this
Constitution, the Electoral Commission shall at least 9 months before any such election, review
the allocation of the total number of members in Parliament to each electoral division and, if
necessary, re -allocate the total number of members in Parliament among the 4 electoral divisions
to ensure that, as far as practicable, the total number of members in Parliament are distributed
among the 4 electoral divisions in proportion to the population of each division .

(4) I n conducting a review under subsection (3), the Electoral Commission shall have
regard to the population of Fiji in each electoral division, as ascertained from the most recent
census, the National Register of Voters or any other official information avail able.

(5) If the Electoral Commission makes a determination to reallocate the total number of
members in Parliament among the 4 electoral divisions in exercise of its powers under subsection
(3), then the number of members in parliament allocated to each electoral divisions shall , for the
purpose of the election of members of Parliament to be held after the date of the determination, be
deemed to be amended to such number as determined by the Electoral Commission .

(6) A written law may make further pro visions to give effect to the review under subsection
(3) .

Voter qualification and registration
53 .–– (1) Every citizen of Fiji over the age of 18 years has a right to be registered as a voter,
in the manner and form prescribed by a written law governing e lections or registration of voters .

(2) A person who ––

(a) is serving a sentence of imprisonment of 12 months or longer imposed by a court
in Fiji or by a court of another country;

(b) is under a law in force in Fiji, adjudged or declared to be of unsound mind or to
have a mental disorder; or

does not have a right to be registered as a voter.

(3) A person who is registered as a voter and who, afte r his or her registration as a voter,

(a) is serving a sentence of imprisonment of 12 months or longer imposed by a court
in Fiji or by a court of another country;

(b) is under a law in force in Fiji, adjudged or declared to be of unsound mind or to
have a me ntal disorder; or

ceases to be a registered voter.

(4) Every person who is registered as a voter has a right to vote in one of the electora l
divisions referred to in section 52 .

(5) The Electoral Commission must maintain a single, national common register of voters ,
divided by electoral divisions .

(6) Every citizen who is registered as a voter and who is ––

(a) resident in Fiji on election s day is entitled to vote in that election s; or

(b) not resident in Fiji on election s day is entitled to vo te to the extent provided in
any written law governing elections .

Candidates for election to Parliament
54.–– (1) In each electoral division , a candidate for election to Parliament must be either
nominated by a registered political party or nominated as an independent candidate in accordance
with the laws governing elections .

(2) A person may be a candid ate for election to Parliament only if the person ––

(a) is a citizen of Fiji only, and does not hold citizenship of any other country ;

(b) is registered on the Register of Voters ;

(d) is not an undischarged bankrupt;

(e) is not a member of the Electoral Commission, and has not been a member of that
Commission at any time during the 4 years immediately before being nominated;

(f) is not subject to a sentence of imprisonment of at least 12 months when
nominated;

(g) has not been subject to a sentence o f imprisonment for an offence involving
dishonesty, abuse of office, corruption, or sexual offences at any time during the
5 years imme diately before being nominated ; or

(h) has not been found guilty of any offence under a law relating to elections,
registrat ion of political parties or registration of voters.

(3) A written law may make provision relating to the nomination of candidates for election
to Parliament.

Candidates who are public officers
55.–– (1) A person who holds a public office is deemed to hav e vacated that office
immediately before the time at which his or her signed nomination as a candidate for election to
Parliament is delivered to the relevant returning officer or to the person who under the laws
governing elections is authorised to receiv e nominations of candidates .

(2) A person who has held office as a member of the Electoral Commission or the
Supervisor of Elections is ineligible to be nominated as a candidate for election to Parliament for
4 years after ceasing to hold that office.

(3) For the purposes of this section, “public office ” means ––

(a) any office in, or as a member of, a statutory authority, a commission, or a
board established by or continued in existence by this Constitution or any
written law ;

(b) an office in respect of whic h this Constitution makes provision;

(d) an office of a judicial officer or an office of any court or tribunal
established by this Constitution or any written law;

(e) any office in a state service, including public servi ce, the Fiji Police
Force, Fiji Correction s Service or the Republic of Fiji Military Forces; or

(f) any office in a trade union registered under the Employment Relations
Promulgation 2007 (whether elected or appointed to that office, and
including any positio n or arrangement under which a person receives
remuneration, salary, allowances or fees from a trade union);

(g) any office in any federation, congress, council or affiliation of trade
unions (whether elected or appointed to that office, and including any
po sition or arrangement under which a person receives remuneration,
salary, allowances or fees from any federation, congress, council or
affiliation of trade unions); or

(h) any office in any federation, congress, council or affiliation of
employers (whether el ected or appointed to that office, and including
any position or arrangement under which a person receives
remuneration, salary, allowances or fees from any federation, congress,
council or affiliation of employers).

(4) Notwithstanding anything contained in subsection ( 3), for the purposes of this section,
“public office ” does not include the office of the Prime Minister, the office of a Minister , the
office of the Leader of the Opposition or an office held by a Minister by virtue of his or her
appointmen t as a Minister .

36
(5) A written law may make provision relating to the nomination of candidates for election
to Parliament.

(6) Every candidate, and every political party nominating a candidate, must comply with
any written law governing elections .

Term of Parliament
56.–– (1) Subject to this section, Parliament, unless sooner dissolved in accordance with this
Constitution , continues for 4 years from the date of its first meeting after a n election of the
members of Parliament.

(2) The President, acting on the advice of the Prime Minister may from time to time in the
like manner prorogue Parliament .

(3) The President may, acting on the advice of the Prime Minister, dissolve Parliament, but
only after a lapse of 3 years and 6 months from the date of its fir st meeting after an election of
members of Parliament .

Writs for election
57.–– (1) Writs for the election of members of Parliament are issued by the President on the
advice of the Prime Minister.

(2) The writs for an election must be issued within 7 day s from the expiry of Parliament or
from its dissolution .

Date of nomination
58. The last day for the receipt of a nomination of a candidate for election to Parliament is
14 days after the date of the writs.

Date of polling
59. Polling commences no late r than 30 days after the last day for the receipt of
nomination s.

Early dissolution of Parliament
60 .–– (1) The President must declare Parliament dissolved early if Parliament has adopted a
resolution to dissolve early, supported by at least two -thirds of the members of Parliament .

(2) A resolution for early dissolution of Parliament may be moved ––

(a) only on the grounds that the Government lacks the confidence of Parliament;

(b) only by the Leader of the Opposition; and

(3) No motion for early dissolution may be made within ––

(a) 18 months immediately after the beginning of Parliament’s term; or

(b) 6 months immediately before the end of Parliament’s ordinary 4 year term.

Vacation of place of member of Parliament
61 .–– (1) The place of a member of Parliament becomes vacant if the member ––

(a) dies, or resigns by giving to the Speaker a signed resignation;

(b) with the member’s consent, becomes the holder of a public o ffice (as defined in
section 55);

(d) ceases to have a right to be nominated as a candidate for election to Parliament
under section 54;

(e) is an undischarged bankrupt; or

(f) is absent from 2 consecutive sittings of Parliament without having obtained the
permission of the Speaker;

(2) A person who was elected to Parliament as a member of a particular political party, or
who was elected as an independent candidate but has subsequently j oined a political party in
Parliament, must notify the Speaker within 7 days upon ––

(a) resigning from the political party; or

(b) being expelled from the political party in accordance with the rules of the party
relating to party discipline .

Next candidate to fill vacancy
62 . If the place held by a member of Parliament becomes vacant , then the Electoral
Commission must award that place to the candidate in th e member’s electoral di vision who , in the
most recent election s, received the most votes out of those ca ndidates who did not get elected to
Parliament , and who is still available to serve at the time of the vacancy ; provided however that if
the vacancy occurs more than 3 years and 6 months after the first meeting of Parliament following
the last election s, then the place so vacated shall remain vacant .

Vacancies in membership
63 . Parliament may act despite a vacancy in its membership, and the presence at, or the
participation in, its proceedings of a person not entitled to be a member does not invalidate the
proceedings.

Court of Disputed Returns
64.–– (1) The High Court is the Court of Disputed Returns and has original jurisdiction to
hear and determine ––

(a) by way of a petition, a question whether a person has been validly elected as a
member of Parliament ; and

(b) by way of a proceeding, an application for a declaration on whether the place of a
member of Parliament has become vacant.

(2) The validity of an election of a person as a member of Parliament may be disputed by
petition addressed to the Court of Di sputed Returns and not otherwise.

(3) The petition under subsection (1)(a) ––

(a) may only be brought by ––

(i) a person who had a right to vote in the election concerned;

(ii) a person who was a candidate in the election concerned; or

(iii) the Attorney -General; and

(b) exc ept if corrupt practice is alleged, must be brought within 4 weeks of the
declarations of the poll.

(4) If the petitioner in a petition under subsection (1)(a) is not the Attorney -General, the
Attorney -General may intervene in the proceedings.

(5) Proce edings pursuant to subsection (1)(b) may only be brought by ––

(a) a member of Parliament;

(b) a registered voter; or

(6) If the proceedings under subsection (1)(b) are not brought by the Attorney -General, the
Attorney -General may interven e in them.

(7) A determination by the High Court under this section is final and not subject to any
appeal.

First sitting of Parliament after an election
65.–– (1) Parliament must meet in its first sitting no later than 14 day s after the
announcement of the results of the election s in all the electoral divisions .

(2) At the first sitting, the agenda of business is ––

(a) swearing in of members, presided over by the Chief Justice;

(b) the election of the Speaker in accordance with section 76, presided over by the
Secretary -General of Parliament ;

(d) the election and swearing in of the Deputy Speaker, presided over by the Speaker;

(e) in the event that the Prime Minister has not assumed office under sect ion 92 (2) ,
the appointment of the Prime Minister in accordance with section 92 (3) and the
swearing in of the Prime Minister, presided over by the President ; and

(f) the election of the Leader of the Opposition, presided over by the Speaker, and
conducted in a ccordance with section 77.

Other sittings of Parliament
66. The Speaker must call a sitting of Parliament if requested to do so by ––

(a) the Prime Minister; or

(b) at least one -third of the members of Parliament .

Quorum
67.–– (1) A sitting of Parliament may not begin, or continue, unless at least one -third of the
members of Parliament are present.

39
(2) A vote on a Bill may not be held in Parliament unless a majority of the members of
Parliament are present.

(3) The Speaker must adjourn a sitting if a quorum is not present.

Voting
68.–– (1) Except as otherwise provided in this Constitution, any question proposed for
decision in Parliament must be determined by a majority of the members present.

(2) On a question proposed for decision in Parliament —

(a) the person p residing has no vote; and

(b) in the case of a tie, the question is lost.

(3) The person presiding must not be counted when reckoning the number of members for
the purpose of voting, or determining if a quorum is present.

Committees
69. Parliament may estab lish such committees as Parliament deems fit .

Standing orders
70 .–– (1) Parliament may make standing orders and rules for the order and conduct of
business and proceedings in Parliament and its committees and for the way in which its powers,
privileges and immunities may be exercised and upheld.

(2) Before the first sitting of the first Parliament elected under this Constitution, the Prime
Minister shall, in consultation with the Attorney -General, prepare, and publish in the Gazette, the
standing orders o f Parliament, for use by Parliament and its committees .

Petitions, public access and participation
71 .–– (1) Parliament must —

(a) conduct its business in an open manner, and hold its sittings and those of its
committees, in public; and

(b) facilitate public part icipation in the legislative and other processes of Parliament
and its committees.

(2) Parliament and its committees may not exclude the public, including any media, from
any sitting unless, in exceptional circumstances, the Speaker has ordered the exclus ion of the
public on grounds that are reasonable and justifiable.

Powers, privileges, immunities and discipline
72 . Every member of Parliament, and anyone else speaking in Parliament, has ––

(a) freedom of speech and debate in Parliament or its committees, su bject to the
standing orders; and

(b) parliamentary privilege in respect of anything said in Parliament or its
committees.

Power to call for evidence
73 .–– (1) Parliament, and each of its committees, has the power to summon any person to
appear before it for the purpose of giving evidence or providing information.

40
(2) For the purposes of subsection (1), Parliament and each of its committees has the same
powers as the High Court to —

(a) enforce the attendance of witnesses and examine them on oath, affirmation or
otherwise; and

(b) compel the production of documents .

Part C— INSTITUTIONS AND OFFICES

Electoral Commission
74.–– (1) Th e Electoral Commission established under the State Services Decree 2009
continues in existence .

(2) The Electoral Commission has the resp onsibility for the registration of voters and the
conduct of free and fair elections in accordance with the written law governing elections and any
other relevant law , and in particular for ––

(a) the registration of citizens as voters, and the regular revisio n of the voters
register;

(b) voter education;

(d) the settlement of electoral disputes, including disputes relating to or arising from
nominations, but excluding election petitions and disputes subsequent to the
declaration of election results ; and

(e) monitoring and enforcing compliance with any written law governing elections
and political parties.

(3) The Electoral Commission has such other functions as are conferred on it by this
Constitution or a written law.

(4) The Electoral Commission must make an annual report to the President concerning the
operations of the Commission and must submit a copy of its annual report to Parliament.

(5) The Electoral Commission may at other times make such reports to the Pres ident and
Parliament as it thinks fit.

(6) The Electoral Commission consists of a chairperson who is or is qualified to be a Judge ,
and 4 other members.

(7) The Chairperson is appointed by the President, on the advice of the Prime Minister .

(8) The o ther members are appointed in the following manner ––

(a) 3 members shall be appointed by the President on the advice of the Prime
Minister; and
(b) 1 member shall be appointed by the President on the advice of the Leader of the
Opposition.

(9) A person is not q ualified for appointment as a member if he or she is ––

(a) a member of Parliament;

(b) the holder of a public office (other than an office of Judge );

(d) a local Government officer; or

(e) a candidate for election to Parliament.

Supervisor of Elections
75.–– (1) The office of Supervisor of Elections established under the State Services Decree
2009 continues in existence.

(2) The Supervisor of Elections , acting under the direction of the Electoral Commission, ––

(a) administers the reg istration of voters for elections of members to Parliament;

(b) conducts ––

(i) elections of members of Parliament; and

(ii) such other elections as Parliament prescribes; and

(3) The Supervisor of Elections must comply with any directions that the Commission gives
him or her concerning the performance of his or her functions.

(4) The Supervisor of Elections is appointed by the President on the advice of the Prime
Minister following consultation b y the Prime Minister with the Electoral Commission .

Speaker and Deputy Speaker of Parliament
76.–– (1) At its first sitting after an election, and whenever required to fill a vacancy,
Parliament must elect, by simple majority vote ––

(a) a Speaker from among p ersons who are qualified to be elected as members of
Parliament, but are not members; and

(b) a Deputy Speaker from among the members of Parliament (excluding Ministers) .

(2) The Speaker assumes office by taking the oath or affirmation set out in the Schedul e 1,
as administ ered by the Chief Justice, and the Deputy Speaker assumes office by taking the oath or
affirmation of office, as administered by the Speaker.

(3) The Speaker shall preside over every sitting of Parliament.

(4) The Deputy Speaker must pe rform the duties of Speaker if the Speaker is absent from
duty or from Fiji or is, for any other reason, unable to perform those duties.

(5) If neither the Speaker nor the Deputy Speaker is able to perform the duties of Speaker,
the members of Parliament must elect one of their members to preside at meetings of Parliament.

(6) The Speaker, Deputy Speaker, or any other person presiding at any time, in the
performance of the functions of Speaker ––

(a) is independent and subject only to this Constitution and the law;

(b) serves to secure the honour and dignity of Parliament;

(i) the rights and privileges of all members; and

(ii) public access to the proceedings of Parliament and its committees;

(d) has authority to maintain order and decorum in Parliament, in accordance with its
standing orders and parliamentary tradition; and

(e) must act impartially, and without fear, favour or prejudice.

(7) The office of Speaker become s vacant ––

(a) on the day immediately before the first meeting of Parliament after elections ; or

(b) if, before that day, the Sp eaker ––

(i) resigns by giving to the President a signed letter of resignation;

(ii) become s the holder of another public office;

(iii) cease s to have a right to be registered as a voter in an election to
Parliament;

(iv) is absent from 2 consecutive meetings of Parliament; or

(v) is removed from office by a resolution supported by not less than two –
thirds of the members of Parliament.

(8) The office of Deputy Speaker becomes vacant if the Deputy Speaker ––

(a) resigns by giving to the Speaker a signed letter of resignation ;

(b) vacates his or her place as a member of Parliament ;

(d) is removed from office by a resolution supported by not less than two -thirds of
the members of Parliament.

Leader of the Opposition
77.–– (1) The members of Parliament who ––

(a) do not belong to the P rime Minister’s political party;

(b) do not belong to any party in coalition with the Prime Minister’s political party ; or

must elect a person from among themselves to be the Leader of the Opposition, in
accordance with this section .

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(2) At the first sitting of Parliament after the election s, t he Speaker must call for
nominations from those members of Parliament mentioned in subsection (1) , and, if only one
person is nominated and seconded, the Speaker shall declare that person elected as the Leader of
the Opposition ; but if more than one person is nominated and seconded, the Speaker must conduct
a vote, as follows ––

(a) if after the first vote, any nominee has the support of the majority of the members
of Parliament mentioned in subsection (1) , the Speaker shall declare that person
elected as the Leader of the Opposition ; and

(b) if no nominee in the first vote receives the support of the majority of the members
of Parliament mentioned in subsection (1), a second vote must be held within 24
hours of the first vote and the nominee who has the support of the majority of the
members of Parliament mentioned in subsection (1) in the second vote shall be
declared by the Speaker as being elected as the Leader of the Opposition .

(3) If after the second vote held under subsection (2), no person receives the support of the
majority of the members of Parliament mentioned in subsecti on (1) , the position of the Leader of
the Opposition shall remain vacant until such time when the majority of the members of
Parliament mentioned in subsection (1) write to the Speaker requesting him or her to call for fresh
nominations for the election of the Leader of the Opposition in accordance with the procedure set
out in subsection (2) .

(4) If a majority of the members mentioned in subsection (1) consider that the person who is
the Leader of the Opposition should no longer hold the position of the Leader of the Opposition,
then they shall inform the Speaker of their decision and they may elect another member of
Parliament mentioned in subsection (1) , in accordance with the procedure set out in subsection
(2) .

Secretary General to Parliament
78.–– (1) This section establishes the office of Secretary -General to Parliament .

(2) The Secretary -General to Parliament shall be appointed by the President on the advice
of the Prime Minister .

Remuneration s
79. The remuneration, including salaries and allowan ces and benefits , payable to , the
President , the Prime Minister , other Ministers , the Leader of the Opposition , the Speaker and
Deputy Speaker of Parliament and a member of Parliament shall be prescribed by a written law.

44
CHAPTER 4–– THE EXECUTIVE

Part A–– THE PRESIDENT

The President of Fiji
80 .–– (1) This section establishes the office of the President .

(2) The President is the Head of State, and the executive authority of the State is vested in
the President.

President acts on advice
81 . In the exer cise of his or her powers and executive authority, the President acts only on
the advice of Cabinet or a Minister or of some other body or authority prescribed by this
Constitution for a particular purpose as the body or authority on whose advice the Presi dent acts
in that case.

Qualification fo r appointment
82 .–– (1) Candidates for the office of the President must ––

(a) be persons who have had a distinguished career in any aspect of national or
international life, whether in the public or private sector;

(b) hold only a Fijian citizenship;

(d) not hold any other public office;

(e) not be a candidate for election to any other office in the State; and

(f) not have been subject to a sentence of imprisonment for an offence at any time
during the 5 years immediately before being nominated.

(2) A person holding a public office is not required to resign from that office before
accepting nomination for President, but the appointment of the person as President ha s the effect
of terminating his or her service in that office.

(3) Nothing in this section prevents the President from holding a public office , by virtue of
his or her appointment as President, under any written law.

Appointment of President
83 .–– (1) The President shall be appointed by Parliament.

(2) Whenever a vacancy arises in the office of the President, the Prime Minister and the
Leader of the Opposition shall nominate one name each to the Speaker who shall put both the
names to the floor of Pa rliament for voting by the members of Parliament.

(3) The person who receives the support of the majority of the members of Parliament
present shall be appointed as President, and the Speaker shall publicly announce the name of the
President.

(4) In th e event that both persons nominated receive the same number of votes, the Speaker
shall conduct the voting again after 24 hours , and voting shall continue until such time a person
nominated as President receives the support of the majority of the members o f Parliament;
provided however that if after three rounds of voting, no person receives the support of the

45
majority of the members of Parliament, then the person nominated by the Prime Minister shall be
announced by the Speaker as being appointed as Presid ent by Parliament.

(5) If the Prime Minister and the Leader of the Opposition nominate the same person , then
no voting shall take place and the Speaker shall publicly announce that person as being appointed
as President by Parliament.

Term of office and remuneration
84.–– (1) The President holds office for 3 years, and is eligible for re -appointment for one
further term of 3 years, but is not eligible for re -appointment after that.

(2) For the purposes of subsection (1), in determining whether a pers on is eligible for
appointment or re -appointment, any period served before the commencement of this Constitution
shall be taken into account.

(3) The President shall receive such remuneration, allowances and other benefits, as
prescribed by a written law made under section 7 9.

Oath of office
85. Before taking office, the President must take before the Chief Justice the oath or
affirmation of office as set out in Schedule 1 in a public ceremony.

Resignation
86. The President may resign from office b y delivering a written statement of resignation to
the Prime Minister .

Chief Justice to perform functions in absence of President
87. If the President is absent from duty or from Fiji or is, for any other reason, unable to
perform the functions of the P resident or if the office of the President becomes vacant for any
reason , then the functions of the office of the President shall be performed by the Chief Justice or,
in the absence of the Chief Justice, the next senior most substantive Judge , determined by having
regard to the date of appointment and the nature of the judicial office held.

Removal from office
88.–– (1) The President may be removed from office for inability to perform the functions of
office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour,
and may not otherwise be removed.

(2) Removal of t he President from office must only be done pursuant to this section.

(3) If the Prime Minister considers that the question of removing the President from office
ought to be investigated, then ––

(a) the Prime Minister shall request the Chief Justice to establish ––

(i) in the case of alleged misbehaviour –– a tribunal, consisting of a
chairperson and 2 other members each of whom is, or is eligible to be, a
Judge ; or

(ii) in the case of alleged inability to perform the functions of office –– a
medical board, consisting of a chairperson and 2 other members, each of
whom is a qualified medical practitioner ,

and the Prime Minister shall notify the President of the request;

46
(b) the Chief Justice, who must act on the request, shall establish the tribunal or
medical board, as the case may be; and

(c) the tribunal or medical board shall enquire into the matter and furnish a written
report , including its advice on whether the President sh ould be removed from
office, to the Chief Justice , who shall refer the report to the Prime Minister.

(4) In deciding whether to remove the President from office, t he Prime Minister must act in
accordance with the advice given by the tribunal or the medic al board, as the case may be .

(5) The President is taken to be unable to perform the functions of his or her office during
the period starting on the day on which the President receives notification under subsection (3)(a)
and ending on the day a decision is made under subsection (4) .

(6) The Prime Minister must table the report of the tribunal or the medical board, as the case
may be, in Parliament .

Part B – CABINET

Responsible Government
89 . Government must have the confidence of Parliament.

Cabin et
90.–– (1) Cabinet consists of the Prime Minister as chair, and such other Ministers as
determined by the Prime Minister .

(2) Cabinet members are accountable individually and collectively to Parliament, for the
exercise of their powers and the performanc e of their functions.

(3) A Minister must appear before Parliament, or a committee of Parliament, when required,
and answer any question concerning a matter for which the Minister is responsible.

(4) Cabinet members must provide Parliament with full and regular reports concerning
matters for which they are responsible.

(5) Cabinet may seek an opinion from the Supreme Court on any matter concerning the
interpretation or application of th is Constitution.

Office of Prime Minister
91.–– (1) The Prime Minist er is the head of the Government .

(2) The Prime Minister is the Commander -in-Chief of the Republic of Fiji Military Forces .

(3) Once each year, the Prime Minister must present to Parliament a speech outlining the
policies and programmes of the Government for the following year.

(4) The Prime Minister shall keep the President generally informed about the issues relating
to the governance of Fiji.

(5) The Prime Minister ––

(a) appoints Ministers with such titles, portfolios and responsibilities as the Prime
Minister determines from time to time ;

(b) dismisses Ministers ; and

47
(c) by notice published in the Gazette , assigns to any Minister or to himself or herself
responsibility for the conduct of a specified part of the business of the
Government, including responsi bility for the general direction and control over a
branch or branches of the public service or over a disciplined force and
responsibility for the implementation and administration of each Act ; provided
however that the responsibility for any part of the business of Government that is
not specifically assigned shall remain with the Prime Minister.

(6) The Prime Minister shall appoint a Minister to act in the office of Prime Minister during
any period, or during all periods, when the Prime Minister is abs ent from duty or from Fiji or is,
for any other reason, unable to perform the functions of office, and a notifi cation of the
appointment of the Acting Prime Minister must be published in the Gazette .

Appointment of Prime Minister
92.–– (1) The Prime Minis ter must be a member of Parliament.

(2) After the elections , the person who is elected to Parliament and who is the leader of a
political party which has won more than 50% of the total number of members in Parliament
assumes office as the Prime Minister by taking before the President the oath or affirmation of
office set out in Schedule 1 .

(3) After the elections , if no one political party has won more than 50% of the total number
of members in Parliament, then , at the first sitting of Parliament, the Sp eaker must call for
nominations from members of Parliament and, if only one person is nominated and seconded, then
that person assumes office as the Prime Minister by taking before the President the oath or
affirmation of office set out in Schedule 1 ; but if more than one person is nominated and
seconded, the Speaker must conduct a vote, as follows ––

(a) if a fter the first vote, a person who is nominated has the support of more than
50% of the members of Parliament, then that person assumes office as the Prime
Minister by taking before the President the oath or affirmation of office set out in
Schedule 1 ;

(b) if after the first vote, no person who is nominated receives the support of more
than 50% of the members of Parliament , a second vote must be held within 24
hours of the first vote and, if after the second vote, a person who is nominated has
the support of more than 50% of the members of Parliament, then that person
assumes office as the Prime Minister by taking before the President the oath or
affirmation of office set out in Schedule 1;

(c) if after the second vote, no person who is nominated receives the support of more
than 50% of the members of Parliament, a third vote must be held within 24 hours
of the second vote and, if after the third vote, a person who is nominated has the
support of more than 50% of the members of Parliament, then that person
assumes office as the Prime Minister by taking before the President the oath or
affirmation of office set out in Schedule 1; and

(d) if after the third vote, no pers on receives the support of more than 50% of the
members of Parliament, the Speaker shall notify the President in writing of the
inability of Parliament to appoint a Prime Mi nister, and the President shall, within
24 hours of the notification, dissolve Parl iament and issue writs for elections to
take place in accordance with this Constitution.

(4) A vacancy arises if the Prime Minister ––

(a) resigns, by written notice to the President;

48
(b) ceases to be, or ceases to qualify to be, a member of Parliament ; or

(5) If a vacancy arises in the office of Prime Minister under subsection ( 4), then t he Speaker
shall immediately convene Parliament and call for nominations from members of Parliament for
the office of the Prime Minister and, if only one person is nomi nated and seconded, then that
person assumes office as the Prime Minister by taking before the President the oath or affirmation
of office set out in Schedule 1 ; but if more than one person is nominated and seconded, the
Speaker must conduct a vote, as fol lows ––

(b) if after the first vote, no person who is nominated receives the support of more
than 50% of the members of Parliament, a second vote must be held within 24
hours of the first vote and, if after the second vote, a person who is nominated has
the s upport of more than 50% of the members of Parliament, then that person
assumes office as the Prime Minister by taking before the President the oath or
affirmation of office set out in Schedule 1;

(c) if after the second vote, no person who is nominated recei ves the support of more
than 50% of the members of Parliament, a third vote must be held within 24 hours
of the second vote and, if after the third vote, a person who is nominated has the
support of more than 50% of the members of Parliament, then that per son
assumes office as the Prime Minister by taking before the President the oath or
affirmation of office set out in Schedule 1; and

(d) if after the third vote, no person receives the support of more than 50% of the
members of Parliament, the Speaker shall notify the President in writing of the
inability of Parliament to appoint a Prime Mi nister, and the President shall, within
24 hours of the notification, dissolve Parliament and issue writs for elections to
take place in accordance with this Constitution.

(6) The Prime Minister shall serve for the full term of Parliament, unless dismissed in a no
confidence vote under section 93, and shall not be otherwise dismissed.

(7) The Prime Minister and other ministers continue in office until the next Prime Minist er
assume s office as Prime Minister after the elections in accordance with this section.

No confidence motion
93.–– (1) The Prime Minister may only be dismissed by a motion of no confidence, which
must also propose the name of another Member of Parliament to be the Prime Minister.

(2) A motion of no confidence must be called for a vote within 24 hours of it being
introduced .

(3) A motion of no confidence passes if it is supported by at least a majority of the members
of Parliament .

(4) If a motion of no confidence passes ––

(a) the incumbent Prime Minister immediately ceases to hold office;

49
(b) every other member of Cabinet is deemed to have resigned; and

(c) the person proposed to be Prime Minister, in the motion, assumes that office
immediately upon being sworn in by the President.

(5) If a motion of no confidence fails against the incumbent Prime Minister , no further
motion of no confidence may be introduced against him or her for at least six months.

Appointment of Ministers
94.–– (1) Subject to section 95(3), a Minister must be a member of Parliament.

(2) Each member of Cabinet assumes office by taking the oath or affirmation of office set
out in Schedule 1, as administered by the President.

(3) Each Minister continues in office unless he or she ––

(a) is remove d by the Prime Minister ;

(b) ceases t o be, or ceases to qualify to be, a member of Parliament; or

(4) The Prime Minister may appoint a Minister to act in the office of another Minister
during any period, or during all periods, when the other Minister is absent from duty or from Fiji
or is, for any other reason, unable to perform the functions of office, and a notification of the
appointment of an Acting Minister must be publishe d in the Gazette .

Attorney -General
95.–– (1) The Minister appointed as the Attorney -General is the chief legal adviser to the
Government.

(2) A person is not qualified to be appointed as Attorney -General unless he or she ––

(a) is admitted as a legal practiti oner in Fiji and has had not less than 1 5 years post –
admission practice as a legal practitioner in Fiji ; and

(b) has not been found guilty in any proceeding by the Independent Legal Services
Commission or in any proceeding under the law governing legal practi tioners,
barristers and solicitors prior to the establishment of the Independent Legal
Services Commission .

(3) If there are no members of Parliament who are qualified to be appointed as the
Attorney -General, the Prime Minister may appoint a person as the Attorney -General if that
person ––

(a) is a legal practitioner who is qualified to be appointed as the Attorney -General
under subsection (2); and

(b) is qualified to be a candidate for election to Parliament under section 54.

(4) A person appointed as the Atto rney -General under subsection (3) shall be entitled to
take part in Cabinet as a Minister, and to sit in Parliament, provided however that he or she shall
not be eligible to vote in Parliament.

(5) The Prime Minister may appoint a Minister or a member of Parliament or another
person (in accordance with subsection (3)) who is qualified to be appointed as the Attorney –

50
General to act as Attorney -General during any period, or during all periods, when the Attorney –
General is absent from duty or from Fiji or is , for any other reason, unable to perform the
functions of office, and a notification of the acting appointment must be published in the Gazette .

51
CHAPTER 5–– JUDICIARY

Judicial authority and independence
96.–– (1) The judicial power and authority of the State is vested in the Supreme Court, the
Court of Appeal, the High Court, the Magistrates Court , and in such other courts or tribunals as
are created by law .

(2) The courts, the Judge s and all other judicial officers are independent of the legislative
and executive branches of Government , and are subject only to this Constitution and the law,
which they must apply without fear, favour or prejudice.

(3) No person may interfere with the judicial functioning of the courts, or unreasonably
interfere with the a dministrative functioning of the courts.

(4) Parliament and Cabinet , through legislative and other measures, must assist and protect
the courts to ensure their independence, impartiality, accessibility and effectiveness.

(5) Parliament must ensure that t he Judiciary has adequate financial and other resources to
perform its functions and exercise its powers properly.

(6) The Judiciary has control of its own budget and finances, as approved by Parliament.

Supreme Court
97.–– (1) The Supreme Court consists of––

(a) the Chief Justice, who is the President of the Supreme Court; and

(b) such other Judge s as are appointed as Judge s of the Supreme Court, to serve as
the occasion requires.

(2) If deemed necessary by the Chief Justice , any of the Justices of Appeal may sit on a
matter being heard by the Supreme Court.

(3) The Supreme Court ––

(a) is the final appellate court of Fiji;

(b) has exclusive jurisdiction , subject to such requirements as prescribed by written
law , to hear and determine appeals from all final judgments of the Court of
Appeal; and

(4) An appeal may not be brought to the Supreme Court from a final judgment of the Court
of Appeal unless the Supreme Cou rt gives leave to appeal.

(5) In the exercise of its appellate jurisdiction , the Supreme Court may ––

(a) vary, set aside or affirm decisions or orders of the Court of Appeal, or

(b) make any other order necessary for the administration of justice, including a n
order for a new trial or an order awarding costs.

(6) Decisions of the Supreme Court are , subject to subsection (7) , binding on all other
courts of the State .

(7) The Supreme Court may review any judgment, pronouncement or order made by it.

Court of Appeal
98.–– (1) The Court of Appeal consists of ––

(a) a Judge , other than the Chief Justice, who is appointed as President of the Court
of Appeal; and

(b) such other Judge s as are appointed as Justices of Appeal .

(2) If deemed necessary by the President of the Court of Appeal , any of the Judge s of the
High Court, other than the Chief Justice, may sit on a matter being heard by the Court of Appeal.

(3) The Court of Appeal has jurisdiction, subject to this Constitution and to such
requirement s as prescribed by written law, to hear and determine appeals from all judgments of
the High Court, and has such other jurisdiction as is conferred by written law.

(4) Appeals lie to the Court of Appeal as of right from a final judgment of the High Court in
any manner arisi ng under this Constitution or involving its interpretation.

(5) A written law may provide that appeals lie to the Court of Appeal, as of right or with
leave, from other judgments of the High Court in accordance with such requirements as
prescribed in a w ritten law or under the rules pertaining to the Court of Appeal .

High Court
99.–– (1) The High Court consists of ––

(a) the Chief Justice;

(b) such other Judge s as are appointed as Judge s of the High Court ;

(d) Chief Registrar of the High Court .

(2) The jurisdiction and powers of the Master s of the High Court and the Chief Registrar of
the High Court shall be prescribed by written law or by rules of court made by the Chief Justice .

(3) The High Court has unlimited original juris diction to hear and determine any civil or
criminal proceedings under any law and such other original jurisdiction as is conferred on it under
this Constitution or any written law.

(4) The High Court also has original jurisdiction in any matter arising u nder this
Constitution or involving its interpretation.

(5) The High Court has jurisdiction, subject to conferral by written law o f right s of appeal
and to such requirements as may be prescribed by written law, to hear and determine appeals from
all judg ments of the Magistrates Court and other subordinate courts.

(6) The High Court has jurisdiction to supervise any civil or criminal proceedings before a
Magistrates Court or other subordinate court s and may, on an application duly made to it, make
such or ders, issue such writs and give such directions as it considers appropriate to ensure that
justice is duly administered by the Magistrates Court and other subordinate court s.

53
(7) If in any proceedings in a Magistrates Court or a subordinate court, a ques tion arises as
to the interpretation of this Constitution, the Magistrates Court or a subordinate court may decide
the matter, and its decision may be appealed as of right to the High Court.

Magistrates Court
100 .–– (1) The Magistrates Court consists of ––

(a) the Chief Magistrate; and

(b) such other Magistrate s as are appointed by the Judicial Service Commission .

(2) The Magistrates Court has such jurisdiction as conferred by a written law.

Other courts
101 . A written law may establish and determine the autho rity of other courts, tribunals or
commissions, which may have a status similar to the High Court, or the Magistrates’ Court, or
other subordinate courts .

Court rules and procedures
102 .–– (1) The President of the Supreme Court may make rules of court and issue directions,
consistent with this Constitution or a written law, for regulating and prescribing the practice and
procedure to be followed in the Supreme Court.

(2) The President of the Court of Appeal may make rules of court and issue directions,
consistent with this Constitution or a written law, for regulating and prescribing the practice and
procedure to be followed in the Court of Appeal .

(3) The Chief Justice may make rules of court and issue directions , consistent with this
Constitution or a written law, for regulating and prescribing the practice and procedure to be
followed in the High Court and the Magistrates’ Court.

Judicial Service Commission
103 .–– (1) This section establishes a Judicial Service Commission consisting of ––

(a) the Chief J ustice, who is to be the chairperson;

(b) the President of the Court of Appeal;

(d) a legal practitioner with not less than 15 years post -admission practice , to be
appointed by the President on t he advice of the Attorney -General; and

(e) a person, not being a legal practitioner, appointed by the President on the advice
of the Attorney -General.

(2) The quorum for the meetings of the Judicial Service Commission shall consist of the
chairperson and tw o other members.

(3) The Judicial Service Commission may make such rules as it deems fit for the
performance of its functions.

(4) The members of the Judicial Service Commission mentioned in paragraphs (d) and (e)
of subsection (1) are entitled to such allowances as may be fixed by written law.

54
(5) The secretary of the Judicial Service Commission shall be the Chief Registrar, or any
other person performing the functions of that office.

(6) In addition to the functions conferred on it elsewhere in thi s Constitution, the Judicial
Service Commission may investigate complaints about Judge s and judicial officers of courts
subordinate to the High Court.

(7) The Judicial Service Commission shall be responsible for promoting programmes for
the continuing ed ucation and training of Judge s and judicial officers .

(8) The Judicial Service Commission shall be responsible for the efficient functioning of the
judiciary .

(9) The Judicial Service Commission shall provide regular updates and advice to the
Attorney -Ge neral on any matter relating to the judiciary or the administration of justice.

Qualification for appointment
10 4.–– (1) The making of appointments to a judicial office is governed by the principle that
judicial officers should be of the highest competence and integrity .

(2) A person is not qualified for appointment as a Judge unless he or she ––

(a) holds, or has held a high judicial office in Fiji or in another country prescribed by
law; or

(b) has had not less than 15 years post -admission practice as a legal practitioner in
Fiji or in another country prescribed by law.

(3) A person is not qualified for appointment as a Magistrate unless he or she ––

(a) holds, or has held a judicial office in Fiji or in another country prescribed by law;
or

(b) has had not less th an 10 years post -admission practice as a legal practitioner in
Fiji or in another country prescribed by law.

Appointment of Judge s
10 5.–– (1) The Chief Justice and the President of the Court of Appeal are appointed by the
President on the advice of the Pr ime Minister following consultation by the Prime Minister with
the Attorney -General .

(2) The Judge s of the Supreme Court, the Justices of Appeal and the Judge s of the High
Court are appointed by the President on the recommendation of the Judicial Servic e Commission
following consultation by it with the Attorney -General.

(3) The President may, on the advice of the Prime Minister following consultation by the
Prime Minister with the Attorney -General, appoint a Judge or a person who is qualified for
appoi ntment as a Judge to act as Chief Justice during any period, or during all periods, when the
office of Chief Justice is vacant or when the Chief Justice is absent from duty or from Fiji or is,
for any reason, unable to perform the functions of office.

(4) The President may, on the recommendation of the Judicial Service Commission
following consultation by it with the Attorney -General, appoint a person to act as a Judge of the
High Court during any period or during all periods, when an office of a Judge of the High Court is
vacant or when a Judge is absent from duty or from Fiji or is, for any reason, unable to perform
the functions of office.

(5) A person is not eligible to be appointed under subsection (4) unless he or she is qualified
for appointment as a Judge .

Other appointments
10 6.–– (1) The Judicial Service Commission has the authority to appoint Magistrate s,
Masters of the High Court, the Chief Registrar, and other judicial officers as may be prescribed in
any written law .

(2) In making appoint ments under subsection (1), the Judicial Service Commission must
consult with the Attorney -General.

Judicial department employees
10 7.–– (1) The Judicial Service Commission has the authority to appoint, remove and take
disciplinary action against all non -judicial persons employed in the judiciary .

(2) The Judicial Service Commission has the authority to determine all matters pertaining to
the employment of non -judicial persons employed in the judiciary , including ––

(a) the terms and conditions of employment ;

(b) the qualification requirements for appointment and the process to be followed for
appointment , which must be an open, transparent and competitive selection
process and selection must be based on merit ;

(d) the total establishment or the total number of non -judicial persons that are
required to be appointed, in accordance with the budget as approved by
Parliament.

(3) The Judicial Service Commissio n may by written notice delegate its powers and
authority under this section to the Chief Registrar.

Oath of office
10 8. Before taking office, a Judge or Magistrate must take before the President, the oath of
office set out in Schedule 1.

Tenure of offi ce
10 9.–– (1) A person who is not a citizen of Fiji and who is appointed to be a Judge in Fiji
serves for a period not exceeding 3 years determined in each case by the Judicial Service
Commission at the time of appointment , and may be eligible for re -appoin tment .

(2) Any other appointment as a Judge continues until the Judge reaches retirement age,
which is ––

(a) for the Chief Justice , President of the Court of Appeal, Judges of the Supreme
Court and Justices of Appeal –– the age of 75; and

(b) for the Judge s of the High Court –– the age of 70.

(3) A person who retired as a Judge of the High Court, but has not reached age 75, is
eligible for appointment as a Judge of the Supreme Court or as a Justice of Appeal.

Removal of Chief Justice and President of the Court of Appeal for cause
110 .–– (1) The Chief Justice or the President of the Court of Appeal may be removed from
office for inability to perform the functions of his or her office (whether arising from infirmity o f
body or mind or any other cause) or for misbe haviour, and may not otherwise be removed.

(2) Removal of the Chief Justice or the President of the Court of Appeal from office must
be by the President pursuant to this section.

(3) If the President , acting on the advice of the Prime Minister consider s that the question of
removing the Chief Justice or the President of the Court of Appeal from office ought to be
investigated, then ––

(a) the President , acting on the advice of the Prime Minister , shall appoint ––

(i) in the case of alleged misbehaviour –– a tri bunal, consisting of a
chairperson and not less than 2 other members, selected from among
persons who hold or have held high judicial office in Fiji or in another
country; and

(ii) in the case of alleged inability to perform the functions of office –– a
medica l board, consisting of a chairperson and 2 other members, each of
whom is a qualified medical practitioner ;

(b) the tribunal or medical board enquires into the matter and furnishes a written
report of the facts to the President and advises the President of i ts
recommendation whether or not the Chief Justice or the President of the Court of
Appeal should be removed from office; and

(c) in deciding whether or not to remove the Chief Justice or the President of the
Court of Appeal , the President must act on the adv ice of the tribunal or medical
board , as the case may be .

(4) The President may, on the advice of the Prime Minister , suspend the Chief Justice or the
President of the Court of Appeal from office pending investigation and pending referral to and
appointm ent of a tribunal or a medical board under subsection (3), and may at any time, revoke
the suspension.

(5) The suspension of the Chief Justice or the President of the Court of Appeal from office
under subsection (4) ceases to have effect if the President determines that the Chief Justice or the
President of the Court of Appeal should not be removed from office .

(6) The President must make public the report of the tribunal or the recommendations of the
medical board received by him under this section .

Removal of judicial officers for cause
111.–– (1) A Judge , Magistrate , M aster of the High Court, the Chief Registrar or any other
judicial officer appointed by the Judicial Service Commission may be removed from office for
inability to perform the functions of his or her office (whether arising from infirmity o f body or
mind or any other cause) or for misbehaviour, and may not otherwise be removed.

(2) Removal of a Judge, Magistrate, Master of the High Court, the Chief Registrar or any
other judicial officer appointed by the Judicial Service Commission from office must be by the
President pursuant to this section.

57
(3) If the President , acting on the advice of the Judicial Service Commission, considers that
the question of removing a Judge, Magistrate, Mast er of the High Court, the Chief Registrar or
any other judicial officer appointed by the Judicial Service Commission from office ought to be
investigated, then ––

(a) the President , acting on the advice of the Judicial Service Commission, shall
appoint ––

(i) in t he case of alleged misbehaviour –– a tribunal, consisting of a
chairperson and not less than 2 other members, selected from among
persons who hold or have held high judicial office in Fiji or in another
country; and

(ii) in the case of alleged inability to per form the functions of office –– a
medical board, consisting of a chairperson and 2 other members, each of
whom is a qualified medical practitioner ;

(b) the tribunal or medical board enquires into the matter and furnishes a written
report of the facts to the President and advises the President of its
recommendation whether or not the Judge, Magistrate, Master of the High Court,
the Chief Registrar or any other judicial officer appointed by the Judicial Service
Commission should be removed from office; and

(c) in deciding whether or not to remove a Judge , the President must act on the
advice of the tribunal or medical board , as the case may be .

(4) The President may, acting on the advice of the Judicial Service Commission , suspend
the Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer
appointed by the Judicial Service Commission from office pending investigation and pending
referral to and appointment of a tribunal or a medical board under subsection (3), and may at any
time, revoke the suspension.

(5) The suspension of the Judge, Magistrate, Master of the High Court, the Chief Registrar
or any other judicial officer appointed by the Judicial Service Commission from office under
subsection (4) ceases to have effect if t he President determines that the Judge, Magistrate, Master
of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial
Service Commission should not be removed from office.

(6) The President must make public the report of the tribunal received by him under this
section .

(7) This section does not apply to the Chief Justice or the President of the Court of Appeal .

Remuneration of judicial officers
112.–– (1) The salaries and benefits payable to, or in respect of, a judi cial officer must not
be varied to the disadvantage of that judicial officer , except as part of an overall austerity
reduction similarly applicable to all officers of the State.

(2) The salaries and benefits payable to any person appointed as a Judge , Mag istrate , Master
of the High Court, the Chief Registrar or other judicial officers appointed by the Judicial Service
Commission shall be determined by the Judicial Service Commission, following consultation with
the Prime Minister and the Attorney -General.

(3) The remuneration and benefits payable to or in respect of a judicial officer are a charge
on the Consolidated Fund.

58
(4) A judicial officer is protected from civil or criminal action for anything said or done, or
omitted to be done, in the performanc e of a judicial function.

Independent Legal Services Commission
113 .–– (1) The Independent Legal Services Commission established by the Legal
Practitioners Decree 2009 continues in existence .

(2) The Independent Legal Services Commission shall consist o f a Commissioner, who is, or
is qualified to be appointed as a Judge .

(3) The Commissioner shall be appointed by the President, on the advice of the Attorney –
General.

(4) The authority, functions and responsibility of the Independent Legal Services
Com mission shall be prescribed by written law.

(5) In the performance of his or her functions or the exercise of his or her authority and
powers, the Commissioner shall be independent and shall not be subject to the direction or control
of any person or aut hority, except by a court of law or as otherwise prescribed by written law.

Fiji Independent Commission Against Corruption
114 .–– (1) The Fiji Independent Commission Against Corruption established by the Fiji
Independent Commission Against Corruption Pro mulgation 2007 continues in existence.

(2) The Fiji Independent Commission Against Corruption shall consist of a Commissioner,
Deputy Commissioner and such other officers as may be appointed by law.

(3) The Commissioner and the Deputy Commissioner shal l be appointed by the President, on
the advice of the Attorney -General.

(4) The authority, functions and responsibility of the Fiji Independent Commission Against
Corruption shall be prescribed by written law.

(5) Without prejudice to subsection (4), t he Fiji Independent Commission Against
Corruption may ––

(a) investigate, institute and conduct criminal proceedings;

(b) take over investigations and criminal proceedings that fall under its responsibility
and functions as prescribed by law, and which may have b een initiated by another
person or authority; and

(6) The powers of the Commissioner and the Deputy Commissioner of the Fiji Independent
Commissio n Against Corruption may be exercised by him or her personally, his or her delegate,
or through other persons acting on his or her instructions.

(7) In the performance of its functions or the exercise of its authority and powers, the Fiji
Independent Com mission Against Corruption shall be independent and shall not be subject to the
direction or control of any person or authority, except by a court of law or as otherwise prescribed
by written law .

59
(8) In exercising its powers and performing its functions and duties, the Fiji Independent
Commission Against Corruption shall be guided by the standards established under the United
Nations Convention Against Corruption .

(9) The Commissioner and the Deputy Commissioner of the Fiji Independent Commission
Agains t Corruption shall have the authority to appoint, remove and discipline all staff (including
administrative staff) in the Fiji Independent Commission Against Corruption .

(10) The Commissioner and the Deputy Commissioner of the Fiji Independent Commission
Against Corruption has the authority to determine all matters pertaining to the employment of all
staff in the Fiji Independent Commission Against Corruption, including ––

(a) the terms and conditions of employment;

(b) the qualification requirements for appoint ment and the process to be followed for
appointment, which must be an open, transparent and competitive selection
process and selection must be based on merit;

(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parliament.

(11 ) The salaries, benefits and allowances payable to any person employed in the Fiji
Independ ent Commission Against Corruption are a charge on the Consolidated Fund.

(12) Parliament shall ensure that adequate funding and resources are made available to the
Fiji Independent Commission Against Corruption, to enable it to independently and effectiv ely
exercise its powers and perform its functions and duties .

(13) In this section, “criminal proceedings” means criminal proceedings before any court of
law (other than a military court), and includes an appeal, case stated or question of law reserved .

Solicitor -General
115 .–– (1) Th e Office of the Solicitor -General established by the State Services Decree 2009
continues in existence .

(2) The Solicitor -General must be a person who is qualified to be appointed as a Judge.

(3) The Solicitor -General shal l be appointed by the President on the recommendation of the
Judicial Service Commission following consultation by it with the Attorney -General.

(4) The President may, on the recommendation of the Judicial Service Commission
following consultation by it w ith the Attorney -General, appoint a person to act as the Solicitor –
General during any period or during all periods, when the office of Solicitor -General is vacant or
when the Solicitor -General is absent from duty or from Fiji or is, for any reason, unable to
perform the functions of office.

(5) The Solicitor -General shall have the same tenure of office as a Judge of the High Court ,
and shall be paid such salaries and benefits as determined by the Judicial Service Commission in
consultation with the Attorne y-General provided however that such salaries and benefits shall not
be less than that payable to a Judge of the High Court.

60
(6) The Solicitor -General may be removed from office for inability to perform the functions
of his or her office (whether arising from infirmity o f body or mind or any other cause) or for
misbehaviour, and may not otherwise be removed.

(7) The procedure for removal of the Solicitor -General from office shall be the same as the
procedure for removal of a judicial officer under sectio n 1 11 .

(8) The Solicitor -General has the same status as that of a p ermanent secretary and shall be
responsible as the Permanent Secretary for the Office of the Attorney -General.

(9) The Solicitor -General shall have the authority to appoint, remove and institute
disciplinary action against all staff (including administrative staff) in the Office of the Attorney –
General .

(10) The Solicitor -General has the authority to determine all matters pertaining to the
employment of all staff in the Office of the A ttorney -General, including ––

(a) the terms and conditions of employment;

(b) the qualification requirements for appointment and the process to be followed for
appointment, which must be an open, transparent and competitive selection
process and selection must be based on merit;

(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parliament.

(11 ) The salaries, benefits and allowances payable to any person employed in the Office of
the Attorney -General are a charge on the Consolidated Fund.

(12 ) The Solicitor General is responsible for ––

(a) providing independent legal advice to Government and to the holder of a public
office , on request;

(b) preparing draft laws on the request of Cabinet ;

(d) representing the State in court in any legal proceedings to which the State is a
party, other than criminal proceedings; and

(e) performing any other functions assigned by this Cons titution, any written law ,
Cabinet or the Attorney -General .

(13) The Solicitor General, with the permission of the court, may appear as a friend of the
cour t in any civil proceedings to which the State is not a party.

(14) Any functions assigned to the Solicitor General may be exercised in person or by
subordinate officers acting in accordance with general or special instructions.

Director of Public Prosecu tions
11 6.–– (1) The Office of the Director of Public Prosecutions established under the State
Services Decree 2009 continues in existence .

(2) The Director of Public Prosecutions must be a person who is qualified to be appointed
as a Judge.

(3) The Dire ctor of Public Prosecutions shall be appointed by the President on the
recommendation of the Judicial Service Commission following consultation by it with the
Attorney -General.

(4) The President may, on the recommendation of the Judicial Service Commissio n
following consultation by it with the Attorney -General, appoint a person to act as the Director of
Public Prosecutions during any period or during all periods, when the office of the Director of
Public Prosecutions is vacant or when the Director of Publi c Prosecutions is absent from duty or
from Fiji or is, for any reason, unable to perform the functions of office.

(5) The Director of Public Prosecutions shall be appointed for a term of 7 years and is
eligible for re -appointment , and shall be paid such s alaries and benefits as determined by the
Judicial Service Commission in consultation with the Attorney -General provided however that
such salaries and benefits shall not be less than that payable to a Judge of the High Court.

(6) The Director of Public Prosecutions may be removed from office for inability to
perform the functions of his or her office (whether arising from infirmity o f body or mind or any
other cause) or for misbehaviour, and may not otherwise be removed.

(7) The procedure for removal of the Director of Public Prosecutions from office shall be
the same as the procedure for removal of a judicial officer under section 1 11 .

(8) The Director of Public Prosecutions may ––

(a) institute and conduct criminal proceedings;

(b) take over criminal proc eedings that have been instituted by another person or
authority (except proceedings instituted by the Fiji Independent Commission
Against Corruption);

(c) discontinue, at any stage before judgment is delivered, criminal proceedings
instituted or conducted b y the Director of Public Prosecutions or another person
or authority (except proceedings instituted or conducted by the Fiji Independent
Commission Against Corruption) ; and

(d) intervene in proceedings that raise a question of public interest that may affect the
conduct of criminal proceedings or criminal investigations .

(9) The powers of the Director of Public Prosecutions may be exercised by the Director
personally, or through other persons acting on the Director’s instructions.

(10 ) In the exercise of th e powers conferred under this section, the Director of Public
Prosecutions shall not be subject to the direction or control of any other person or authority .

(11) The Director of Public Prosecutions may appoint any legal practitioner whether from
Fiji or from another country to be a public prosecutor for the purposes of any criminal proceeding.

(12) The Director of Public Prosecutions shall have the authority to appoint, remove and
institute disciplinary action against all staff (including administrative staff) in the office of the
Director of Public Prosecutions .

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(13) The Director of Public Prosecutions has the authority to determine all matters
pertaining to the employment of all staff in the Office of the Director of Public Prosecutions,
including ––

(a) the terms and conditions of employment;

(b) the qualification requirements for appointment and the process to be followed for
appointment, which must be an open, transparent and competitive selection
process and selection must be based on merit;

(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parliament.

(14) The sa laries, benefits and allowances payable to any person employed in the office of
the Director of Public Prosecutions are a charge on the Consolidated Fund.

(15) Parliament shall ensure that adequate funding and resources are made available to the
office of the Director of Public Prosecutions, to enable it to independently and effectively exercise
its powers and perform its functions and duties .

(16) In this section, “criminal proceedings” means criminal proceedings before any court of
law (other than a mi litary court), and includes an appeal, case stated or question of law reserved.

Mercy Commission
11 7.–– (1) The Commission on the Prerogative of Mercy established under the State
Services Decree 2009 continues in existence as the Mercy Commission .

(2) Th e Mercy Commission consists of ––

(a) the Attorney -General who is to be its chairperson ; and

(b) 2 other members appointed by the President, acting in his or her own judgment .

(3) On the petition of any convicted person, the Mercy Commission may recommend that
the President exercise a power of mercy by ––

(a) granting a free or conditional pardon to a person convicted of an offence;

(b) postponing the carrying out of a punishment, either for a specific or indeterminate
period; or

(4) The Mercy Commission may dismiss a petition that it reasonably considers to be
frivolous, vexatious or entirely without merit, but otherwise ––

(a) must consider a report on the case prepared by ––

(i) the Judge who presided at the trial; or

(ii) the Chief J ustice, if a report cannot be obtained from the presiding Judge ;

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(b) must consider any other information derived from the record of the case or
elsewhere that is available to the Commission; and

(5) The President must act in accordance with the recommendations of the Commission.

Existing appointments
11 8. Nothing in this Chapter affects the continuance of a person in an office for which this
Chapter makes provision for, under an appointment made before t he commencement of this
Constitution.

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CHAPTER 6 –– STATE SERVICE

Part A –– PUBLIC SERVICE

Values and principles
11 9.–– (1) The values and principles of state service include ––

(a) faithfully carry out the policies of the Government and administer the law;

(b) free from corruption;

(d) prompt implementation of Government policy and administration of laws;

(e) efficient, effective and economic use of public resources;

(f) prompt response to requests and questions from the public, and delivery of
service to the public, in a manner that is respectful, effective, impartial, fair, and
equitable;

(g) accountability for administrative conduct;

(h) transparency, including ––

(i) timely, accurate disclosure of information to the public; and

(ii) prompt, complete and candid reporting to Parliament, as required by law;

(i) cultivation of good human resource management and career development
practices, to maximise human potential; and

(j) recruitment and promotion based on ––

(i) objectivity, impartiality and fair competition; and

(ii) ability, education, experience and other characteristics of merit.

Public officeholders must be citizens
120 . A person or authority exercising power to appoint a person to a public office (other
than an office for which Chapter 5 makes provision ) must not appoint a person who is not a
citizen except with the agreement of the Prime Minister.

Public Service Commission
121 .–– (1) The Public Service Commission established under the State Services Decree
2009 continues in existence.

(2) The Public Service Commission consists of ––

(a) a chairperson; and

(b) not less than 3 nor more than 5 other members,

appointed by the President on the advice of the Prime Minister.

65
(3) If the office of the chairperson of the Public Service Commission is vacant or the
chairperson is absent from duty or from Fiji or is, for any other reason, unable to perform the
functions of offic e, the President may, on the advice of the Prime Minister, appoint a person to act
as the chair person of the Public Service Commission.

(4) The President may, on the advice of the Prime Minister, appoint a person to act as a
member of the Public Service Commission during any period, or during all periods, when the
member is absent from duty or fro m Fiji or is, for any other reason, unable to perform the
functions of office.

Functions of Public Service Commission
122 .–– (1) Subject to this section and other section s of this Constitution, the Public Service
Commission has the following functions ––

(a) to appoint permanent secretaries , with the agreement of the Prime Minister ;

(b) to remove permanent secretaries , with the agreement of the Prime Minister ;

(d) to make such other appointment s and perform such other duties, functions and
responsibilities as may be prescribed by written law .

(2) The functions of the Public Service Commission do not extend to ––

(a) an office of a Judge or an office that is the responsibility of the Judicial Serv ice
Commission;

(b) an office that is the responsibility of another body prescribed by written law;

(d) an office in respect of which this Constitution ma kes provision .

Permanent secretaries
12 3.–– (1) There is established within each ministry the office of a p ermanent secretary,
which is an office in the public service.

(2) Each ministry is to be under the administration of a permanent secretary , and any
department of Government that is not part of any ministry shall be under the administration of the
permanent secretary responsible for the office of the Prime Minister .

(3) The permanent secretary of a ministry is responsible to the Minister concerned for the
efficient, effective and economical management of the ministry or any department under the
ministry .

(4) The Prime Minister may at any time re -assign one or more permanent secretaries among
the various ministries of the State.

(5) A permanent secre tary may resign from office by giving written notice to the Prime
Minister.

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(6) The permanent secretary of each ministry shall have the authority to appoint, remove
and institute disciplinary action against all staff of the ministry, with the agreement of the Minister
responsible for the ministry.

(7) The permanent secretary of each ministry, with the agreement of the Minister
responsible for the Ministry, has the authority to determine all matters pertaining to the
employment of all staff in the mini stry, including ––

(a) the terms and conditions of employment;

(b) the qualification requirements for appointment and the process to be followed for
appointment, which must be an open, transparent and competitive selection
process and selection must be based on m erit;

(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parlia ment.

Appointment of Ambassadors
124 .–– (1) The Prime Minister may, on the advice of the Minister responsible for foreign
affairs , make appointments to offices of ambassador, or of other principal representative, of the
State to another country or an inte rnational organisation.

(2) The Prime Minister may, on the advice of the Minister responsible for foreign affairs ,
remove a person from an office referred to in subsection (1).

Retirement age
125 .–– (1) Except as otherwise provided in this Constitutio n with respect to any office
established or continued in existence by this Constitution, all persons employed in the public
service shall retire at the age of 55 years .

(2) Nothing in this section prevents, upon retirement, the continued employment o f a
person on a fixed term contractual employment, if his or her services are required in the
Government.

Contractual employment
126 . Except as otherwise provided in this Constitution with respect to any office established
or continued in existence by th is Constitution, the appointment and promotion of all persons
employed in the public service shall be on a fixed term contractual basis, with eligib ility for re –
appointment .

Public Service Disciplinary Tribunal
127 .–– (1) This section establishes the P ublic Service Disciplinary Tribunal .

(2) The Tribunal shall consist of a chairperson and two other members, appointed by the
Prime Minister, following consultation with the Chief Justice.

(3) In addition to such other functions as may be conferred by written law, the Tribunal
shall have the function of hearing and determining disciplinary action instituted by ––

(a) the Public Service Commission –– against any permanent secretary ; or

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(b) a permanent secretary, the Solicitor -General or the Director of Publi c
Prosecutions –– against any person employed in their respective ministries or
offices .

(4) Any decision of the Tribunal shall be subject to review by the High Court.

(5) A written law may make further provision for the Tribunal, including rules and
pro cedures for the hearings before the Tribunal.

Part B –– DISCIPLINED FORCES

Fiji Police Force
12 8.–– (1) The Fiji Police Force established under written law continues in existence .

(2) The office of the Commissioner of Police established under the State Ser vices Decree
2009 continues in existence.

(3) The Fiji Police Force is under the command of the Commissioner of Police .

(4) The Commissioner of Police is appointed by the Prime Minister , following consultation
with the Minister responsible for the Fiji P olice Force .

(5) The Commissioner of Police is responsible for ––

(a) the organisation and administration of the Fiji Police Force; and

(b) the deployment and control of its operations ,

and, subject to subsection ( 6), is not subject to direction or control by any other person or
authority in relation to those matters.

(6) The Minister responsible for the Fiji Police Force may from time to time issue general
policy directions to the Commissioner of Police and, if such a direction has been issued, the
Commiss ioner of Police must act in accordance with it.

(7) A written law may prescribe provisions relating to the Fiji Police Force.

(8) For the avoidance of doubt, the retirement age in the Fiji Police Force (excluding the
Commissioner of Police) shall be 55 years .

(9) T he appointment and promotion of all persons employed in the Fiji Police Force shall be
on a fixed term contractual basis, with eligib ility for re -appointment.

(10 ) The Commissioner of Police has the following powers in relation to the Fi ji Police
Force for all ranks , members and other employees, of the Fiji Police Force ––

(a) to appoint persons to the Fiji Police Force;

(b) to remove persons from the Fiji Police Force; and

Fiji Corrections Service
12 9.–– (1) The Fiji Corrections Service established under a written law continues in
existence.

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(2) The office of the Commissioner of Corrections established under the State Services
Decree 2009 continues in existence.

(3) The F iji Corrections Service is under the command of the Commissioner of Corrections .

(4) The Commissioner of Corrections is appointed by the Prime Minister , following
consultation with the minister responsible for the Fiji Corrections Service .

(5) The Commi ssioner of Corrections is responsible for ––

(a) the organisation and administration of the Fiji Corrections Service ; and

(b) the deploymen t and control of its operations,

and, subject to subsection ( 6), is not subject to direction or control by any other perso n or
authority in relation to those matters.

(6) The Minister responsible for the Fiji Corrections Service may from time to time issue
general policy directions with respect to the Fiji Corrections Service and, if such a direction has
been issued, the C ommissioner of Corrections must act in accordance with it.

(7) A written law may prescribe provisions relating to the Fiji Corrections Service .

(8) For the avoidance of doubt, the retirement age in the Fiji Corrections Service (excluding
the Commission er of Corrections ) shall be 55 years.

(9) T he appointment and promotion of all persons employed in the Fiji Corrections Service
shall be on a fixed term contractual basis, with eligib ility for re -appointment.

(10 ) The Commissioner of Corrections has the following powers in relation to the Fiji
Corrections Service for all ranks , members and other employees of the Fiji Corrections Service ––

(a) to appoint persons to the Fiji Corrections Service ;

(b) to remove persons from the Fiji Corrections Service ; and

Republic of Fiji Military Forces
130 .–– (1) The Republic of Fiji Military Forces established under the State Services Decree
2009 continues in existence .

(2) It shall be the ove rall responsibility of the Republic of Fiji Military Forces to ensure at
all times the security, defence and well -being of Fiji and all its residents .

(3) The Prime Minister must appoint a Commander of the Republic of Fiji Military Forces,
who shall be re sponsible for exercising military executive command of the Republic of Fiji
Military Forces.

(4) The Commander of the Republic of Fiji Military Forces has the following powers in
relation to the Republic of Fiji Military Forces for all ranks , members and other employees of the
Republic of Fiji Military Forces ––

(a) to appoint persons to the Republic of Fiji Military Forces ;

(b) to remove persons from the Republic of Fiji Military Forces ; and

(5) For the avoidance of doubt, the retirement age in the Republic of Fiji Military Forces
(excluding the Commander of the Republic of Fiji Military Forces ) shall be 55 years.

(6) A written law may prescribe provisions relating to the R epublic of Fiji Military Forces.

70
CHAPTER 7 –– REVENUE AND EXPENDITURE

Raising of revenue
131 .–– (1) The raising by the Government of revenue or moneys, whether through the
imposition of taxation or otherwise, must be authorised by or under a written law.

(2) No taxation or fee may be imposed, waived or varied by the State, except as provided by
written law.

(3) If a written law permits the waiver or variation of any tax or fee —

(a) a public record of each waiver or variation must be maintained togethe r with the
reason for it; and

(b) each waiver or variation, and the reason for it, must be reported to the Auditor
General.

(4) No law may exempt, or authorise the exemption of, a public officer from payment of
any tax or fee by reason of —

(a) the office held by that public officer; or

(b) the nature of the work of the public officer.

Consolidated Fund
132 .–– (1) All revenue or moneys raised or received for the purposes of the State or
Government must be paid into one Consolidated Fund .

(2) Subsection (1) does n ot apply to revenue or moneys that are payable by or under a
written law into some other fund established for a specific purpose or that may, by or under a
written law, be retained by the authority receiving them for the purposes of defraying the expenses
of that authority.

Appropriations to be authorised by law
133 . Moneys must not be withdrawn from the Consolidated Fund or from a fund referred to
in subsection 1 32 (2) except under an appropriation made by law.

Authorisation of expenditure in advance of appropriation
134 .–– (1) Subject to any written law, if the Appropriation Act for a year has not come into
operation by the beginning of the year, the Minister responsible for finance may, to the extent and
subject to the conditions prescribed in any writte n law, authorise the withdrawal of moneys from
the Consolidated Fund for the ordinary services of Government .

(2) The total amount authorised for withdrawal under subsection (1) must not exceed one –
third of the appropriations made for the ordinary service s of Government in respect of the
immediately preceding year.

Appropriation and taxing measures require ministerial consent
135 . Any written law, that ––

(a) appropriates revenue or moneys or increases such an appropriation;

(b) imposes taxation or an increa se in taxation; or

71
may only be passed by Parliament with the consent of Cabinet, as signified by the Minister
responsible for finance.

Annual budget
136 .–– (1) In respect of each year ending on 31 Decemb er or on such other day as
Parliament prescribes, the Minister responsible for finance must cause to be laid before Parliament
an annual budget, reflecting estimates or revenue and of capital and current expenditure for the
year, in respect of the ordinary services of the Government and services of Parliament.

(2) A written law may prescribe the manner in which annual estimates are to be prepared.

Guarantees by Government
13 7.–– (1) The Government must not guarantee the financial ability of any person or body in
respect of a loan or otherwise unless the giving of the guarantee is authorised by Parliament in
accordance with conditions prescribed by law.

(2) Parliament, by resolution, may require the Minister responsible for finance to present to
Parliamen t, within 7 days after the resolution, information concerning any particular loan or
guarantee, including all information necessary to show —

(a) the extent of the total indebtedness by way of principal and accumulated interest;

(b) the use made or to be made of the proceeds of the loan or the purpose of the
guarantee;

(d) the progress made in the repayment of the loan.

Public moneys to be accounted for
13 8. All public moneys must be dealt with and acc ounted for in accordance with law and
otherwise in accordance with accounting principles generally accepted in the public sector .

Standing appropriation of Consolidated Fund for payment of certain salaries and allowances
13 9.–– (1) This section applies to ––

(a) the President;

(b) a judicial officer ;

(d) the members of the Electoral Commission ;

(e) the members of the Accountability and Transparency Commission ;

(f) the Supervisor of Elections;

(g) the Secr etary -General of Parliament;

(h) the Solicitor -General;

(i) the Director of Public Prosecutions ;

(j) the Commissioner and Deputy Commissioner of the Fiji Independent
Commission Against Corruption ;

(k) the members of the Mercy Commission ;

(l) the members of the Public Ser vice Commission;

(m) the Commissioner of Police;

(n) the Commissioner of Fiji Corrections Service;

(o) the Commander of the Republic of Fiji Military Forces;

(p) members of tribunals established or may be established under this Constitution;
and

(q) the Auditor -General .

(2) The salaries or allowances payable to a person to whom this section applies are payable
out of the Consolidated Fund, which is appropriated accordingly.

Standing appropriation of Consolidated Fund for other purposes
140 .–– (1) All debt charges for which the State is liable and all pension benefits (except to
the extent that they are a charge on another fund and have been paid out of that fund to the person
or authority to whom payment is due) are payable out of the Consolidated Fund, which is
approp riated accordingly .

(2) In this section ––

“debt charges” means interest, sinking fund charges, amounts due in respect of repayment
or amortisation of debt, and other expenditure incurred in connection with the
raising of loans on the security of the reve nue of the State or the Consolidated
Fund;

“eligible service” means service in a public office but does not include service in a naval,
military or air force; and

“pension benefits” means pensions, compensation, gratuities or other like payments
payable to persons in respect of their eligible service or to their spouses,
dependents, or personal representatives in respect of that service.

73
CHAPTER 8–– ACCOUNTABILITY AND TRANSPARENCY

Part A –– CODE OF CONDUCT

Accountability and Transparency Commission
141 .–– (1) This section establishes the Accountability and Transparency Commission .

(2) The Accountability and Transparency Commission shall consist of a chairperson and 2
other members appointed by the President, following consultation with the Prime Mi nister and the
Chief Justice.

(3) The chairperson of the Accountability and Transparency Commission must be a person
who is, or is qualified to be appointed as a Judge .

(4) A written law shall ––

(a) establish a code of conduct which shall be applicable to the President, Speaker,
Deputy Speaker, Prime Minister, Ministers, members of Parliament, holders of
offices established by or continued in existence under this Constitution or under
any written law , members of commissions, permanent secretaries, ambassad ors or
other principal representatives of the State, and persons who hold statutory
appointments or governing or executive positions in statutory authorities, and to
such other offices (including public offices) as may be prescribed under the
written law;

(b) establish rules , processes and procedures for the implementation of the code of
conduct by the Accountability and Transparency Commission ;

(c) provide for the monitoring by the Accountability and Transparency Commission
of compliance with the code of condu ct by the officers mentioned in paragraph
(a) ;

(d) make provision for the investigation of alleged breaches of the code of conduct
and enforcement of the code of conduct by the Accountability and Transparency
Commission , including through criminal and discip linary proceedings, and
provide for the removal from office of those officers who are found to be in
breach of the code of conduct;

(e) provide for the protection of whistle -blowers, being persons who, in good faith,
make disclosures that an officer mentione d in paragraph (a) has contravened any
written law or has breached the code of conduct or has engaged in fraudulent or
corrupt practices;

(f) provide for the annual declaration by the officers mentioned in paragraph (a) of
their assets and liabilities and fi nancial interests to the Accountability and
Transparency Commission, and for such declarations to be accessible to the
public; and

(g) further prescribe the powers, functions and responsibilities of the Accountability
and Transparency Commission.

(5) A wri tten law shall provide t he Accountability and Transparency Commission with the
jurisdiction, authority and powers to receive and investigate complaints against permanent
secretaries and all persons holding a public office.

74
(6) In the performance of its f unctions or the exercise of its authority and powers, the
Accountability and Transparency Commission shall be independent and shall not be subject to the
direction or control of any person or authority, except by a court of law or as otherwise prescribed
by written law.

Part B –– FREEDOM OF INFORMATION

Freedom of information
142 . A written law shall make provision for the exercise by the member of the public of the
rights to access official information and documents held by the State and other public entit ies.

Part C–– AUDITOR -GENERAL

Auditor -General
143 .–– (1) The office of the Auditor -General established under the State Services Decree
2009 continues in existence .

(2) The Auditor -General is appointed by the Prime Minister following consultation with the
Minister responsible for finance .

(3) The Prime Minister may, following consultation with the Minister responsible for
finance , appoint a person to act as Auditor -General during any period, or during all periods, when
the office of Auditor -General is vaca nt or when the Auditor -General is absent from duty or from
Fiji or is, for any reason, unable to perform the functions of office.

Functions of Auditor -General
144 .–– (1) At least once in every year, the Auditor -General shall inspect and audit and report
to Parliament on ––

(a) the public accounts of the State;

(b) the control of public money and public property of the State; and

(2) In the report, the Auditor -General must state whether, i n his or her opinion ––

(a) transactions with or concerning the public money or public property of the State
have been authorised by or pursuant to this Constitution or any written law; and

(b) expenditure has been applied to the purpose for which it was authoris ed.

(3) A written law may make further provision s in relation to the office of the Auditor –
General and may confer further functions and powers on the Auditor -General.

(4) In the performance of his or her duties, the Auditor -General or a person authorised by
him or her has access to all records, books, vouchers, stores or other Government property in the
possession , custody or control of any person or authority.

(5) A written law may provide that the accounts of a specified body corporate are not
subject to audit by the Auditor -General but are to be audited as prescribed in that written law.

(6) If the written law so provides, it must also empower the Auditor -General to review those
audits and report the results of a review.

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(7) The Auditor -General mu st submit a report made by him or her to the Speaker of
Parliament and must submit a copy to the Minister responsible for finance.

(8) Within 30 days of receipt, or if Parliament is not sitting, on the first day after the end of
that period, the Minister responsible for finance must lay the report before Parliament.

Part D–– RESERVE BANK OF FIJI

Reserve Bank of Fiji
145 .–– (1) The Reserve Bank of Fiji is the central bank of the State, whose primary objects
are ––

(a) to protect the value of the currency in the interest of balanced and sustainable
economic growth;

(b) to formulate monetary policy;

(d) to issue currency; and

(e) to perform other functions conferred on it by a written law .

(2) In pursuing its primary object s, the Reserve Bank of Fiji must perform its functions
independently and without fear, favour or prejudice, but there must be regular consultation
between the Bank and the Minister responsible for finance.

(3) The powers and functions of the Reserve Bank of Fiji are tho se customarily exercised
and performed by central banks.

(4) The Governor of the Reserve Bank of Fiji shall be appointed by the Prime Minister on
the advice of the Minister responsible for Finance .

(5) A written law must provide for the composition, po wers, functions and operations of the
Reserve Bank of Fiji.

(6) The Reserve Bank must deliver quarterly and annual reports to Parliament, and any
other reports when required by law , or requested by resolution.

Part E–– GENERAL PROVISIONS RELATING TO PUBLI C OFFICES

Application
146 . This Part applies to ––

(a) the Supervisor of Elections;

(b) the Secretary -General to Parliament;

(d) the Commissioner of Fiji Corrections Service;

(e) the Commander of the Republic of Fiji Military Forces;

(f) the Auditor -General ;

76
(g) the members of the Human Rights and Anti -Discrimination Commission ;

(h) the members of the Electoral Commission;

(i) the members of the Judicial Service Commission referred to in section 103 (1)(d)
an d (e);

(j) the members of the Mercy Commission;

(k) the members of the Public Service Commission; and

(l) the members of the Accountability and Transparency Commission .

Terms and conditions of office
14 7.–– (1) Subject to this section, a person holding the office referred to in paragraphs (a) to
(f) inclusive of section 1 46 holds office for 5 years and is eligible for re -appointment.

(2) Subject to this section, a person holding the office referred to in paragraphs (g) to ( l)
inclusive of section 1 46 holds office for 3 years, and is eligible for re -appointm ent.

(3) The term of appointment of a person holding office referred to in paragraphs (a) to (f)
inclusive of section 1 46 expires upon his or her reaching the age of 65 years, and a person must
not be appointe d or re -appointed if he or she has reached th at age.

(4) The appointment of a person to whom this Part applies is subject to the terms and
conditions (if any) set out in it.

(5) In the performance of his or her duties or functions or the exercise of his or her powers,
a person to whom this Part a pplies is not subject to direction or control by any perso n, except as
provided under this Constitution or by a written law .

Remuneration and allowances
14 8.–– (1) A person to whom this Part applies is entitled to s uch remuneration and
allowances as deter mined by the Prime Minister, and the remuneration and allowances must not
reduce during his or her term in office .

(2) In determining the remuneration and allowances under subsection (1), the Prime
Minister must establish an independent committee which sh all advise the Prime Minister on the
appropriate remuneration and allowances that should be payable to a person to whom this Part
applies .

Removal from office for cause
14 9.–– (1) A person to whom this Part applies may be removed from office for inability to
perform the functions of his or her office (whether arising from infirmity of body or mind or any
other cause) or for misbehaviour, and may not otherwise be removed.

(2) Removal from office must be pursuant to this section.

(3) If the Prime Minis ter considers that the question of removal from office ought to be
investigated, then ––

(a) the Prime Minister appoints ––

(i) in the case of alleged misbehaviour –– a tribunal, consisting of a
chairperson and not less than 2 other members, selected from among
persons who hold or are qualified to hold the office of a Judge ; and

(ii) in the case of alleged inability to perform the functions of office –– a
medical board, consisting of a chairperson and 2 other members, each of
whom is a qualified medical practitioner ;

(b) the tribunal or medical board enquires into the matter and furnishes a written
report of the facts to the Prime Minister and advises the Prime Minister of its
recommendation whether or not the person concerned should be removed from
office; and

(c) in decidi ng whether or not to remove the person concerned from office, the Prime
Minister must act in accordance with the advice of the tribunal or medical board ,
as the case may be .

(4) The Prime Minister may, on such terms and conditions as he or she deems fit, suspend
the person concerned from office pending investigation and pending referral to and appointment
of a tribunal or a medical board under subsection (3), and may at any time, revoke the suspension.

(5) The suspension of the person concerned from off ice under subsection (4) ceases to have
effect if the Prime Minister determines that the person should not be removed from office .

(6) The Prime Minister shall make the report of the tribunal or the recommendations of the
medical board, as the case may be , public .

Performance of functions of commissions and tribunals
150 .–– (1) A commission may by regulation make provision for regulating and facilitating
the performance of its functions .

(2) A decision of a commission requires the concurrence of a majo rity of its members and
the commission may act despite the absence of a member but, if, in a particular case, a vote is
taken to decide a question and the votes cast are equally divided, the person presiding must
exercise a casting vote .

(3) Subject to t his section, a commission may regulate its own procedure s.

(4) In the performance of its functions or the exercise of its powers, a commission is not
subject to the direction or control of any other person or authority, except as otherwise provided
by th is Constitution .

(5) Nothing in subsection (4) limits the responsibility of the Government for the structure of
the state service, nor the Government’s general policy responsibility for the management of the
state service.

(6) In addition to the functi ons conferred on it by or under this Constitution, a commission
has such powers and other functions (if any) as are prescribed.

(7) The validity of the transaction of business of a commission is not affected if someone
who was not entitled to do so took part in the proceedings.

(8) Subsections (1), (2), (3) and (4) apply in relation to a tribunal or a medical board that
may be established under the provisions of this Constitution in the same way as they apply in
relation to a commission , and a tribunal that may be established under the provisions of this
Constitution has the same powers as the High Court in respect of attendance and examination of
witnesses (including the administration of oaths and the e xamination of witnesses abroad) and in
respect of production of documents.

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CHAPTER 9 –– EMERGENCY POWERS

State of emergency
151 .–– (1) The Prime Minister may , on the recommendation of the Commissioner of Police
and the Commander of the Republic of Fiji Military Forces , declare a state of emergency in Fij i,
or in a part of Fiji, and may make regulations relating to a state of emergency, if there are
reasonable grounds to believe that ––

(a) the security and safety of all or part of Fiji is threatened; and

(b) it is necessary to declare a state of emergency to de al effectively with the
threatening circumstances.

(2) If the declaration of a state of emergency is made when Parliament is sitting , the Prime
Minister must, within 24 hours upon making the declaration, refer the declaration to Parliament
for confirmatio n of Parliament.

(3) If the declaration of a state of emergency is made when Parliament is not sitting, the
Speaker must, within 48 hours upon the making of the declaration, seek confirmation of the
declaration from the members of Parliament through such measures of communication as
necessary.

(4) If majority of the members of Parliament confirm the declaration made by the Prime
Minister, then the declaration shall continue for a period of 1 month from the date of
confirmation, and may be renewed by a f urther vote in Parliament.

(5) If majority of the members of Parliament do not confirm the declaration made by the
Prime Minister , then the declaration and any actions taken under the declaration shall be deemed
to be of no effect.

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CHAPTER 10 –– IMMUNITY

Immunity granted under the 1990 Constitution continues
152 . Notwithstanding the abrogation of the Constitution Amendment Act 1997 and despite
the repeal of the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation)
Decree 1990, Chapter XIV of the Constitution of 1990 continues in force in accordance with its
tenor, and the immunity granted in Chapter XIV of the Constitution of 1990 shall continue.

Immunity granted under the Limitation of Liability for Prescribed Political Events Decre e 2010
continues
153 .–– (1) The immunities granted to prescribed persons for prescribed political events
under the Limitation of Liability for Prescribed Political Events Decree 2010 shall continue in
existence .

(2) Notwithstanding anything contained in this Constitution, the Limitation of Liability for
Prescribed Political Events Decree 2010 shall, in its entirety, continue in existence and shall not
be reviewed, amended, altered , repealed or revoked by Parliament .

Further immunity
154 . Absolute and un conditional immunity is irrevocably granted to any person holding the
office of, or holding the office in, as the case may be ––

(a) the President;
(b) Prime Minister and Cabinet Ministers ;
(c) Republic of Fiji Military Forces,
(d) Fiji Police Force ;
(e) Fiji Corrections S ervice ;
(f) Judiciary ;
(g) public service; and
(h) any public office,

from any criminal prosecution and from any civil or any other liability in any court or
tribunal , in any proceeding including any legal, military, disciplinary or professional
proceedings and fr om any order or judgment of any court or tribunal, as a result of any
direct or indirect participation, appointment or involvement in the Government from
December 2006 to date of the first sitting of Parliament elected after the commencement of
this Consti tution; provided however any such immunity for the period between 18 July
2012 to the date of the first sitting of Parliament elected after the commencement of this
Constitution shall not apply to any act or omission that constitutes an offence under secti ons
77 to 390 of the Crimes Decree 2009 .

Immunity entrenched
155 .–– (1) Notwithstanding anything contained in this Constitution, this Chapter and any
immunity granted or continued in this Chapter shall not be reviewed, amended, altered, repealed
or revok ed.

(2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have
the jurisdiction to accept, hear or make any decision or order with respect to any challenge against
the provisions of this Chapter and any immunity granted or continued in this Chapter.

(3) No compensation shall be payable by the State to any person in respect o f damage,
injury or loss to his property or person caused by or consequent upon any conduct from which
immunity has been granted under this section .

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CHAPTER 11–– AMENDMENT OF CONSTITUTION

Amendment of Constitution
156 . This Constitution, or any provisions of this Constitution, may be amended in
accordance with the procedure prescribed in this Chapter, and m ay not be amended in any other
way.

Pro cedure for amendment
157.–– (1) A Bill for the amendment of this Constitution must be expressed as a Bill for an
Act to amend this Constitution.

(2) A Bill for the amendment of this Constitution must be passed by Parliament in
accordance with the followin g procedure ––

(a) the Bill is read 3 times in Parliament;

(b) at the second and third readings, it is supported by the votes of at least three –
quarters of the members of Parliament;

(c) an interval of at least 30 days elapses between the second and third readings and
each of those readings is preceded by full opportunity for debate; and

(d) the third reading of the Bill in Parliament does not take place until after the
relevant standing committee has reported on the Bill to Parliament.

(3) If a Bill for the amendme nt of this Constitution is passed by Parliament in accordance
with subsection (2), then the Speaker shall notify the President accordingly, who shall then refer
the Bill to the Electoral Commission, for the Electoral Commission to conduct a referendum for
all registered voters in Fiji to vote on the Bill .

(4) The referendum for the purposes of subsection (3) shall be conducted by the Electoral
Commission in such manner as prescribed by written law.

(5) The Electoral Commission shall, immediately after th e referendum, notify the President
of the outcome and shall publish the outcome of the referendum in the media.

(6) If the outcome of the referendum is that three -quarters of the registered voters who have
participated in the referendum have voted in fa vour of the Bill, then t he President must assent to
the Bill , which shall come into force on the date of the Presidential assent or on such other date as
prescribed in the Bill .

(7) In this section , the use of the word ― amend ‖ or ― amendment ‖ is intended t o be
understood broadly, so that the section applies to any proposal to repeal, replace, revise, or alter
any provision or provisions of this Constitution.

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CHAPTER 12 –– COMMENCEMENT, INTERPRETATION, REPEALS AND
TRANSITIONAL

Part A –– SHORT TITLE AND COMMEN CEMENT

Short title and commencement
158.–– (1) This Constitution may be cited as the Constitution of Fiji .

(2) This Constitution shall come into force on a date or dates determined by the President
by notice published in the Gazette .

Part B –– INTERPRETA TION

Interpretation
159.–– (1) In this Constitution, unless the contrary intention appears ––

“Act ” means an Act of Parliament, Decree or a Promulgation;

“adult ” means an individual who has reached the age of 18 years ;

“Bill of Rights ” means the right s and freedoms set out in Chapter 2;

“child ” means an individual who has not reached the age of 18 years ;

“commission ” means a commission established by, or continued in existence under, this
Constitution;

“Constitution of 1990 ” means the Constitution set out in the Constitution of the Sovereign
Democratic Republic of Fiji (Promulgation) Decree 1990;

“corrupt practices ” includes ––

(a) any attempt to improperly influence a public officer;
(b) influence peddling, bribery, or extortion;
(c) misuse of inside inform ation for personal gain;
(d) requesting or accepting any benefit to which a person is not lawfully
entitled;
(e) withholding any service, benefit, decision or judgment, or threatening a
person with the exercise of a lawful power against that person, or
implying an y such practice, in order to extort a personal benefit or to
improperly obtain the person’s consent to any action or omission;
(f) unlawfully taking or demanding any private property;
(g) misuse or misapplication of public property for personal purposes, or
theft of public property; and
(h) converting or selling public assets for personal gain;

―criminal proceedings ‖ means proceedings before any court, other than a military court,
in which a person is prosecuted for allegedly committing an offence, including an
appea l, a case presented on the basis of agreed facts, or a question of law
reserved;

“department ” means a department of the public service, under a ministry;

―disability ‖ includes any physical, sensory, mental, psychological or other condition, or
illness th at –

82
(a) has, or is perceived by significant sectors of the community to have, a
significant adverse effect on an individual’s ability to participate fully
and effectively in society on an equal basis with others; or

(b) forms the basis of unfair discrimination;

“disciplined force ” means ––

(a) the Republic of Fiji Military Forces;

(b) the Fiji Police Force; or

“electoral division ” means the 4 divisions as set out in Schedule 2;

“electoral offences ” includes an offence under a law gove rning elections and includes any
offence under any law governing registration of voters and registration of
political parties;

“Fiji ” or ” Republic of Fiji ” means the territories which immediately before 10 October
1970 constituted the Colony of Fiji and includes any other territories declared by
Parliament to form part of Fiji;

“Gazette ” means the Government of Fiji Gazette published by order or under the authority
of the Government , or a supplement to the Gazette ;

“Government ” means the Government of the State;

“Judge ” means a Judge of the High Court (including the Chief Justice), a Justice of
Appeal (including the President of the Court of Appeal) or a Judge of the
Supreme Court ;

“judicial officer ” includes a Judge of the High Court (including the Chief Justice), a
Justice of Appeal (including the President of the Court of Appeal) , a Judge of the
Supreme Court , Magistrate, Masters of the High Court, the Chief Registrar and
other judicial officers appointed by the Judicial Service Commission ;

“law ” includes all written law ;

“meeting “, in relation to Parliament means a sitting of Parliament commencing when
Parliament first meets at the beginning of a session or occurring at subsequent
periods during a session and ending when Parliament is adjourned sine die;

“oath ” includes affirmation;

“Oath of Allegiance ” means the Oath of Allegiance set out in Schedule 1;

“person ” includes a company or association or body of persons whether corporate or
unincorporated;

―political party ‖ means an organi sed group or association of people striving for
participation in the political life or Government of the Republic of Fiji that has
been registered under a written law regulating the organization of political
parties;

83
“prescribed ” means prescribed under a writ ten law;

“President ” means the President of the State;

―property ‖ includes any vested or contingent right to, or interest in or arising from —

(a) land, or permanent fixtures on, or improvements to, land;
(b) goods or personal property;
(c) intellectual property; o r
(d) money or negotiable instruments;

“public office ” means ––

(a) an office created by, or continued in existence under, this Constitution;

(b) an office in respect of which this Constitution makes provisions;

(d) an office in a state service;

(e) an office of Judge ;

(f) an office of Magistrate or an office in a court created by written law;

(g) an office in, or as a member of, a statutory authority; or

(h) an office established by written law;

―public officer ‖ means the holder of a public office;

“public service ” means the service of the State in a civil capacity but does not include ––

(a) service in the judicial branch;

(b) service in the office of a member of a commission; or

“session “, in relation to Parliament, means a sitting of Parliament starting when it first
meets after a prorogation of Parliament or a dissolution of Parliament and ending
when Parliament is next prorogued or Parliament is next dissol ved;

―sentence of imprisonment ‖ does not include a suspended sentence or a sentence of
imprisonment with the option of a fine;

“sitting “, in relation to Parliament, means a period during which Parliament is sitting
continuously without adjournment, and includes any period during which
Parliament is in committee;

“Speaker ” means the Speaker of Parliament;

“State ” means the Republic of Fiji;

“state of emergency ” means a state of emergency proclaimed under Chapter 9;

“state service ” means the public service and the disciplined force ;

“subordinate court ” means any court of law established for the State other than the High
Court, Court of Appeal, Supreme Court or a court established by a disciplinary
law;

“subordinate law ” means any instrument made in exercise of a power to make the
instrument conferred by an Act;

“this Constitution ” means the Constitution of the Republic of Fiji 2013;

“written law ” means an Act, Decree, Promulgation and subordinate law made under those
Acts, Decrees or Promulga tions;

(2) A reference in this Constitution to a power to make appointments to a public office
includes a reference to ––

(a) a power to make appointments on promotion or transfer to the office; and

(b) a power to appoint a person to act in the office while it is vacant or its holder is
unable to perform the functions of the office.

(3) In this Constitution, unless the contrary intention appears, a reference to the holder of an
office by the term designating his or her office includes a reference to any person for the time
being acting in the office.

(4) A person who has been appointed to an office established by this Constitution may
resign from the office by notice in writing signed by him or her addressed to the person or
authority by whom he or she was ap pointed, and the resignation takes effect ––

(a) at the time or on the date specified in the notice; or

(b) when the notice is received by the person or authority to whom it is addressed;

whichever is the later.

(5) A reference in this Constitution to a power to remove a person from a public office
includes a reference to ––

(a) a power to require the person to retire from office;

(b) a power to terminate the contract on which the person is employed; or

(6) In this Constitution, a reference to amending any law (including this Constitution) is a
reference to ––

(a) repealing it with or without replacing it by another law;

(b) modifying it by amendment or otherwise;

(d) making other provision that is inconsistent with it.

(7) A person, authority or body upon whom the functions are conferred by this Constitution
has power to do everything necessary or convenient to be done for, or in connection with, the
performance of those fu nctions.

(8) A reference in this Constitution to the Minister in relation to the doing of anything, the
participation in any consultation or the receipt of any report is a reference to the Minister who, for
the time being, has been assigned responsibilit y for the part of the business of the Government
relating to the subject matter of the activity concerned.

(9) Unless the contrary intention appears, a reference in this Constitution to a Minister
includes a reference to the Minister for the time being a cting for an on behalf of the first
mentioned Minister.

(10) A provision of this Constitution to the effect that a person or authority is not subject to
the direction or control of any other person or authority in the performance of functions or the
exer cise of powers is not to be construed as precluding a court of law from exercising jurisdiction
in relation to a question whether the first mentioned person or authority has performed the
functions or exercised the powers in accordance with this Constituti on or whether that person or
authority should or should not perform the functions or exercise the powers.

(11) A power conferred by this Constitution to make, grant or issue any instrument
(including a proclamation, order, regulation or rule), or to give any direction, includes the power,
exercisable in the like manner, to repeal, rescind, revoke, amend or vary the instrument or
direction.

(12) For the avoidance of doubt, use of the word “must” in this Constitution imports
obligation to the same extent as if the word “shall” were used.

(13) A reference in this Constitution to an office named in this Constitution is to be read
with any formal alteration necessary to make it applicable in the circumstances.

(14) In this Constitution, unless the context otherwise requires —

(a) if a word or expression is defined in this Constitution, any grammatical variation
or cognate expression of the word or expression has a corresponding meaning,
read with the changes required by the context; and

(b) the word ―includes‖ mea ns ―includes, but is not limited to‖.

(15) In calculating time between two events for any purpose under this Constitution, if the
time is expressed —

(a) as days, the day on which the first event occurs is to be excluded, and the day by
which the last event m ay occur is to be included;

(b) as months, the time period ends at the beginning of the day in the relevant
month —

(i) that has the same number as the date on which the period began, if that
month has a corresponding date; or
(ii) that is the last day of that month, in any other case; or

(c) as years, the period of time ends at the beginning of the date of the relevant year
that corresponds to the date on which the period began.

86
(16) If a period of time prescribed by this Constitution for any purpose is six days or less ,
Sundays and public holidays are not to be counted when calculating the time.

(17) If, in any particular circumstances, the period of time prescribed by this Constitution
ends on a Sunday or a public holiday, the period extends to the first subsequent da y that is not a
Sunday or public holiday.

(18) If a particular time is not prescribed by this Constitution for performing a required act,
the act must be done without unreasonable delay, and as often as the occasion requires.

(19) If any person has autho rity under this Constitution to extend a period of time
prescribed by this Constitution, the authority may be exercised either before or after the end of the
period, unless a contrary intention is expressly mentioned in the provision conferring the
authori ty.

(20) Except to the extent that this Constitution provides otherwise, if a person has vacated
an office established under this Constitution, the person may, if qualified, again be appointed,
elected or otherwise selected to hold the office in accordanc e with this Constitution.

(21) The Schedule s are a part of this Constitution, and every use of the expression ― this
Constitution ‖ includes the Schedule s.

(22) Any person required under any law to take an oath or affirmation of allegiance or of
office mu st take the appropriate oath or a ffirmation set out in Schedule 1.

Part C –– REPEALS

Repeals
160 . Subject to Part D of this Chapter, t he following written law s are repealed —

(a) Executive Authority of Fiji Decree 2009;

(b) Revenue and Expenditure Decree 2009;

(d) Office of the Vice -President and Succession Decree 2009; and

(e) Administration of Justice Decree 2009 .

Part D–– TRANSITION AL

Office of the President
161 .–– (1) Notwithstanding the repeal of the Executive Authority of Fiji Decree 2009, the
President appointed under the Executive Authority of Fiji Decree 2009 shall continue to hold
office for the term of his or her appointment made under the Executive Authority of Fiji Decree
2009 , and any re -appointment to the office of the Presid ent must be done in accordance with the
provisions of this Constitution .

(2) The President appointed under the Executive Authority of Fiji Decree 2009 shall
continue to exercise the executive authority of Fiji and exercise all the powers (including mak ing
laws by decree on the advice of Cabinet) vested in him or her under the Executive Authority of
Fiji Decree 2009, until the date of the first sitting of the first Parliament under this Constitution.

87
(3) If any vacancy arises in the office of the Preside nt before the first sitting of the first
Parliament under this Constitution, then another person shall be appointed to the office of the
President in accordance with the Executive Authority of Fiji Decree 2009.

(4) Notwithstanding the repeal of the Offic e of the Vice -President and Succession Decree
2009, until the date of the first sitting of the first Parliament under this Constitution, if the office
of the President is vacant or if the President is absent from duty or from Fiji or is, for any reason,
un able to perform the functions of the office of the President, then the functions of the office of
the President shall be performed by the Chief Justice or, in the absence of the Chief Justice, the
next senior most substantive Judge , determined by having re gard to the date of appointment and
the nature of the judicial office held.

Prime Minister and Cabinet Ministers
162 .–– (1) Notwithstanding the repeal of the Executive Authority of Fiji Decree 2009, the
Prime Minister and other Ministers appointed under t he Executive Authority of Fiji Decree 2009
shall continue in office until the date of the first sitting of the first Parliament under this
Constitution .

(2) The Prime Minister and other Ministers shall continue to exercise all the authority and
powers ve sted in the Prime Minister and other Ministers under the Executive Authority of Fiji
Decree 2009 until the date of the first sitting of the first Parliament under this Constitution .

(3) Notwithstanding its repeal, the Executive Authority of Fiji Decree 20 09 shall continue
to be in force until the date of the first sitting of the first Parliament under this Constitution .

(4) Notwithstanding the repeal of the laws mentioned in Part C of this Chapter and
notwithstanding anything contained in this Constituti on, until the date of the first sitting of the
first Parliament under this Constitution, subordinate laws shall be made in accordance with the
laws, rules and procedures applicable prior to the commencement of this Constitution .

Public officers
163 .–– (1) Any person who immediately before the date of commencement of this
Constitution holds or is acting in a public office shall, from the date of the commencement of this
Constitution hold or act in that office or the corresponding public office established b y this
Constitution as if he or she had been appointed to do so in accordance with the provisions of th is
Constitution and shall be deemed to have taken any oaths required upon such appointment by any
existing law; provided however that any person who unde r any existing law would have been
required to vacate his or her office at the expiration of any period or on the attainment of any age
shall vacate his or her office under this Constitution upon the expiration of that period or upon the
attainment of that age .

(2) The provision of this section shall be without prejudice to any powers conferred by or
under this Constitution to make provision for the abolition of offices or for the removal from
office of persons holding or acting in any office.

Finance
164 . Notwithstanding the repeal of the Revenue and Expenditure Decree 2009 and the
provisions of Chapter 7 of this Constitution, the Revenue and Expenditure Decree 2009 shall
continue to be in force until the date of the first sitting of the first Parliamen t under this
Constitution.

Functions of Parliament and Speaker
165 .–– (1) Notwithstanding the repeal of the laws mentioned in Part C of this Chapter , any
function that has to be performed by the Speaker in this Constitution shall, until the date of the
first sitting of the first Parliament under this Constitution, be performed by the Prime Minister .

88
(2) Notwithstanding the repeal of the laws mentioned in Part C of this Chapter, any function
that has to be performed by Parliament in this Constitution sha ll, until the date of the first sitting
of the first Parliament under this Constitution, be performed by Cabinet .

(3) A ny function that has to be performed by the Leader of the Opposition in this
Constitution shall, until the appointment of the Leader of the Opposition under this Constitution,
be performed by the Prime Minister .

Elections
166 .–– (1) Notwith standing anything contained in Chapter 4 of this Constitution, the first
election for members of Parliament under this Constitution shall be held on a date to be
determined by the President, on the advice of the Prime Minister, provided however that the first
election must be held no later than 30 September 2014 .

(2) Until such time when the Electoral Commission or a Supervisor of Elections are
appoint ed under this Constitution, the functions of the Electoral Commission or the Supervisor of
Elections shall be performed by the Permanent Secretary responsible for Elections.

Succession of institutions
167.–– (1) An office o r institution established under this Constitution shall be the legal
successor of the corresponding office or institution existing immediately before the
commencement of this Constitution.

(2) Upon its appointment under this Constitution, the Supervisor of Elections shall be the
legal successor to the office of the Registrar of Voters under the Electoral (Registration of Voters)
Decree 2012 and to the office of the Registrar under the Political Parties (Registration, Conduct,
Funding and Disclosures) Decree 2013.

Preservation of right s and obligations
168.–– (1) Except to the extent that this Constitution expressly provides otherwise, all rights
and obligations, however arising, of the State and subsisting immediately before the
commencement of this Constitution shall continue as rights and obligations of the State under this
Constitution .

(2) Any permits, licences, rights or similar undertakings of the State issue d to any person,
and in force immediately before the commencement of this Constitution shall continue in the
same terms fro m that date.

(3) All delegations that had been given before the commencement of this Constitution by a
person referred to any law repealed under Part C of this Chapter and which were in force
immediately before the commencement of this Constitution, shal l continue in force after the
commencement of this Constitution, as if given by a corresponding commission or person
referred to in this Constitution.

(4) All proceedings before a commission or a person referred to in any law repealed under
Part C of th is Chapter that had commenced but had not been determined on the date of the
commencement of this Constitution shall continue after the commencement of this Constitution as
if they had been commenced before the corresponding commission or person referred t o in this
Constitution.

Preservation of laws
169.–– (1) Subject to subsection (2), a ll written laws in force immediately before the date of
commencement of this Constitution (other than the laws referred to in Part C of this Chapter) shall
continue in for ce as if they had been made under or pursuant to this Constitution, and shall be
construed with such modifications, adaptations, qualifications and exceptions as may be necessary
to bring them into conformity with this Constitution .

(2) Notwithstanding a nything contained in this Constitution, any promulgation, decree or
declaration (other than the laws referred to in Part C of this Chapter) made or as may be made and
which are in force between 5 December 2006 until the date of the first sitting of the fir st
Parliament under this Constitution shall continue to be in force in their entirety .

(3) Notwithstanding anything contained in this Constitution, any promulgation, decree or
declaration (other than the laws referred to in Part C of this Chapter) made o r as may be made and
which are in force between 5 December 2006 until the date of the first sitting of the first
Parliament under this Constitution may be amended by Parliament after the commencement of
this Constitution; provided however that no such amen dment shall have any retrospective effect,
and shall not in any way nullify any decision made under these laws .

(4) N o challenge can be made in any court or tribunal against the validity or legality of any
such promulgation, decree or declaration made o r as may be made and which are in force between
5 December 2006 until the date of the first sitting of the first Parliament under this Constitution ,
and notwithstanding the repeal of the Administration of Justice Decree 2009, section 5(3), (4), (5),
(6) an d ( 7) shall continue to apply.

(5) All written laws that had been made but had not come into force on the date of the
commencement of this Constitution may be brought into force in accordance with their terms and
shall apply as if enacted or made under o r pursuant to this Constitution.

Judicial proceedings
170 .–– (1) The courts established by the Administration of Justice Decree 2009 shall
continue in existence.

(2) All proceedings in the courts established under the Administration of Justice Decree
20 09 that had commenced but had not been determined on the date of the commencement of this
Constitution shall continue as if the provisions of this Constitution were in force at their
commencement .

(3) Notwithstanding anything contained in this Constituti on, sections 23, 23A, 23B, 23C,
and 23D of the Administration of Justice Decree 2009 shall continue in force, and the courts
established by, or continued in existence under, this Constitution shall not have jurisdiction to ––

(a) accept, hear or determine any matters for which the jurisdiction of the courts was
excluded under the Administration of Justice Decree 2009 or any other written
law ; and

(b) accept, hear or determine any proceedings which had been terminated under the
Administration of Justice Decree 2009 or any other written law .

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SCHEDULE 1

Part A –– Allegiance

OATH OR AFFIRM ATION OF ALLEGIANCE

I, A.B………………………….. swear/solemnly affirm that I will be faithful and bear true allegiance to
the Republic of Fiji, and uphold and obey t he Constitution of Fiji.
(In the case of an Oath) So help me, God!

Part B –– For Taking Office

OATH OR AFFIRM ATION FOR PRESIDENT

I, A.B………………….., swear/solemnly affirm that I will well and truly serve the Republic of
Fiji in the o ffice of President.
(In the case of an Oath) So help me, God!

OATH O R AFFIRMATION FOR MINISTERS
I, A.B………………… being appointed Prime Minister/Minister, swear/solemnly affirm that I
will be faithful and bear true allegiance to the Republic of Fiji, and that I will obey, observe,
uphold and maintain the Constitution and all other law s of the State ; and I solemnly and sincerely
promise to hold my office with honour, dignity and integrity, to be a true and faithful counsellor,
not to divulge any secret matter entrusted to me, and to perform the functions of my office
conscientiously and to the best of my ability.
(In the case of an Oath) So help me, God!

OATH OR AFFIRM ATION FOR JUDICIAL OFFICE RS
I, A.B…………………swear/solemnly affirm that, as a Judge /Magistrate within the courts of Fi ji,
I will be faithful and bear true allegiance to the Republic of Fiji, and that I will obey, observe,
uphold and maintain the Constitution and all other law s of the State ; and I solemnly and sincerely
promise that I will defend the rule of law and the ri ghts of the people, and will do justice to all
persons without fear, favour or prejudice, in accordance with the Constitution and the law.
(In the case of an Oath) So help me, God!

OATH OR AFFIRM ATION FOR MEMBERS OF PARLIAMENT
I, A.B…………………swear/solemnly affirm that, as a member of Parliament of Fiji, I will be
faithful and bear true allegiance to the Republic of Fiji, and that I will obey, observe, uphold and
maintain the Constitution and all other law s of the State ; and I solemnly and sincerely promise
that I will defend the rule of law and the rights of the people, and will act with integrity and
diligently carry out my responsibilities, in accordance with the Constitution and the law.
(In the case of an Oath) So help me, God!

OATH OR AFFIRM ATION FOR S PEAKER OF PARLIAMENT
I, A.B…………………swear/solemnly affirm that, as Speaker of Parliament, I will be faithful and
bear true allegiance to the Republic of Fiji, and that I will obey, observe, uphold and maintain the
Constitution and all other law s of the Stat e; and I solemnly and sincerely promise that I will
defend the rule of law and the rights of the people, maintain the dignity and honour of Parliament
to the best of my ability, and act without fear, favour or prejudice, in accordance with the
Constitution and the law.
(In the case of an Oath) So help me, God!

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SCHEDULE 2

ICNL

ICNL

Draft Constitution

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