Fiji 2013

46. Legislative authority and power of Parliament

1. The authority and power to make laws for the State is vested in Parliament consisting of the members of Parliament and the President, 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.

47. Exercise of legislative powers

1. Spending bills, Finance bills, Initiation of general legislation, Tax bills
   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-
   1. a structured process for the introduction, deliberation, amendment and enactment of Bills; and
   2. 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-
   1. when the Bill was introduced, the mover requested that Parliament approve consideration of the Bill without delay; and
   2. a majority of the members of Parliament voted in support of that request.
4. Spending bills
   In this section, a Money Bill is any Bill that-
   1. Tax bills
      imposes, increases, alters, remits, grants exemptions from, reduces or abolishes taxes;
   2. imposes charges on a public fund or varies or repeals any of those charges;
   3. appropriates public money or otherwise relates to public moneys;
   4. Finance bills
      raises or guarantees any loan, or its repayment;
   5. deals with the receipt, custody, investment, issue or audit of money; or
   6. deals with anything incidental to those matters.

48. Presidential assent

1. When a Bill has been passed by Parliament, the Speaker must present it to the President for assent.
2. Within 7 days after receipt of a Bill, the President must provide his or her 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.

49. Coming into force of laws

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-
   1. on a date determined by or in accordance with the Act; or
   2. on the 7th day after its publication in the Gazette, if the Act does not determine a date or does not provide for a date to be determined.

50. Regulations and similar laws

1. No person may make regulations 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 development and review of the law before it is made.

51. Parliamentary authority over international treaties and conventions

52. Members of Parliament

53. Proportional representation system

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, in a single national electoral roll comprising all the registered voters.
2. Subject to subsections (3) and (4), in each general election of members of Parliament, the seats in Parliament must be awarded to candidates in proportion to-
   1. the total number of votes cast for each political party contesting the general election, which shall be determined by totaling the number of votes cast for each candidate of that political party; and
   2. the total number of votes cast for each independent candidate, if any, provided however that an independent candidate shall only be eligible to be awarded one seat in Parliament.
3. A political party or an independent candidate shall not qualify for any seat in Parliament unless the political party or the independent candidate receives at least 5% of the total number of votes cast.
4. A written law shall make provisions relating to the election of members of Parliament, including prescribing rules for awarding seats in Parliament under subsection (2), that accord with an internationally accepted method for awarding seats to candidates within an open list system of proportional representation.

54. Composition of Parliament

1. For the first general election of members of Parliament held under this Constitution, Parliament shall consist of 50 members, elected in accordance with this Constitution.
2. Electoral commission
   For each general election of members of Parliament after the first general election held under this Constitution, the Electoral Commission shall, at least one year before any such general election, review the composition of Parliament and may, if necessary, increase or decrease the total number of members of Parliament to ensure that, as far as practicable, at the date of any such review, the ratio of the number of members of Parliament to the population of Fiji is the same as the ratio of the number of members of Parliament to the population of Fiji at the date of the first general election held under this Constitution.
3. Census
   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 Register of Voters or any other official information available.
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 general 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).

55. Voter qualification and registration

1. Claim of universal suffrage
   Every citizen who is or will be the age of 18 years and over on or before the date of the issue of the writ for the next election of members to Parliament, has the right to be registered as a voter, in the manner and form prescribed by a written law governing elections or registration of voters.
2. A person who-
   1. is serving a sentence of imprisonment of 12 months or longer imposed by a court in Fiji or by a court of another country;
   2. is under a law in force in Fiji, adjudged or declared to be of unsound mind; or
   3. is serving a period of disqualification from registration as a voter under a law relating to electoral offences,

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

3. A person who is registered as a voter and who, after his or her registration as a voter-
   1. is serving a sentence of imprisonment of 12 months or longer imposed by a court in Fiji or by a court of another country;
   2. is under a law in force in Fiji, adjudged or declared to be of unsound mind; or
   3. is serving a period of disqualification from registration as a voter under a law relating to electoral offences,

   ceases to be a registered voter.

4. Every person who is registered as a voter has the right to vote in the election of members of Parliament.
5. The Electoral Commission must maintain a single, national common Register of Voters.
6. Every citizen who is registered as a voter and who is-
   1. resident in Fiji on the day of the elections is entitled to vote in that election; or
   2. not a resident of Fiji or is not present in Fiji on the day of the elections, but is the holder of a valid Fijian passport, is entitled to vote to the extent provided in any written law governing elections.

56. Candidates for election to Parliament

1. First chamber selection
   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. Eligibility for head of government, Eligibility for first chamber
   A person may be a candidate for election to Parliament only if the person-
   1. is a citizen of Fiji, and does not hold citizenship of any other country;
   2. is registered on the Register of Voters;
   3. is ordinarily resident in Fiji for at least 2 years immediately before being nominated;
   4. is not an undischarged bankrupt;
   5. 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;
   6. is not subject to a sentence of imprisonment when nominated;
   7. has not, at any time during the 8 years immediately before being nominated, been convicted of any offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more; and
   8. has not been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters.
3. First chamber selection
   The total number of candidates which a political party may nominate for any general election must not be more than the total number of seats in Parliament, and the total number of candidates which a political party may nominate for any by-election must not be more than the total number of vacant seats in Parliament for which the by- election is being held.
4. A written law may make provision relating to the nomination of candidates for election to Parliament.
5. Every candidate, and every political party nominating a candidate, must comply with any written law governing elections.

57. Candidates who are public officers

1. A person who holds a public office is deemed to have vacated that office at 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 receive nominations of candidates.
2. A person who has held office as a member of the Electoral Commission or as 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-
   1. 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;
   2. an office in respect of which this Constitution makes provision;
   3. an office established by written law;
   4. an office of a judicial officer or an office of any court or tribunal established by this Constitution or any written law;
   5. any office in a State service, including public service and the disciplined force;
   6. any office in a trade union registered under the Employment Relations Promulgation 2007 or any other written law (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from a trade union);
   7. any office in any federation, congress, council or affiliation of trade unions (whether elected 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 trade unions); or
   8. any office in any federation, congress, council or affiliation of employers (whether elected 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 Deputy Speaker, the office of the Leader of the Opposition or an office held by a Minister by virtue of his or her appointment as a Minister.

58. Term of Parliament

1. Term length for first chamber, Head of government term length
   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 general election of the members of Parliament.
2. The President may, acting on the advice of the Prime Minister, from time to time in the like manner prorogue Parliament by proclamation.
3. Dismissal of the legislature
   The President may, acting on the advice of the Prime Minister, dissolve Parliament by proclamation, but only after a lapse of 3 years and 6 months from the date of its first meeting after a general election of the members of Parliament.

59. Writ for election

1. The writ for the election of members of Parliament shall be issued by the President on the advice of the Prime Minister.
2. The writ for a general election must be issued within 7 days from the expiry of Parliament or from the proclamation of its dissolution by the President.
3. The writ for a by-election must be issued within 7 days from the date when a seat or seats in Parliament become vacant, or within 7 days from the date of determination by the Court of Disputed Returns if an application is made to it under section 63(5) or section 66.

60. Date of nomination

61. Date of polling

62. Early dissolution of Parliament

1. Notwithstanding section 58(3), 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 under subsection (1) may be moved-
   1. only on the grounds that the Government lacks the confidence of Parliament;
   2. only by the Leader of the Opposition; and
   3. only if Parliament has first rejected a motion of no confidence in the Prime Minister under section 94.
3. No motion for early dissolution may be moved within-
   1. 18 months immediately after the beginning of Parliament's term; or
   2. 6 months immediately before the end of Parliament's ordinary 4 year term.

63. Vacation of seat of member of Parliament

1. The seat of a member of Parliament becomes vacant if the member-
   1. dies, or resigns by giving to the Speaker a signed resignation;
   2. Outside professions of legislators
      with the member's consent, becomes the holder of a public office (as defined in section 57)
   3. ceases to have the right to be a registered voter in an election to Parliament;
   4. ceases to have the right to be nominated as a candidate for election to Parliament under section 56;
   5. is an undischarged bankrupt;
   6. Attendance by legislators
      is absent from 2 consecutive meetings of Parliament without having obtained the permission of the Speaker;
   7. resigns from the political party for which he or she was a candidate at the time he or she was elected to Parliament;
   8. votes or abstains from voting in Parliament contrary to any direction issued by the political party for which he or she was a candidate at the time he or she was elected to Parliament, without obtaining the prior permission of the political party; or
   9. is expelled from the political party for which he or she was a candidate at the time he or she was elected to Parliament and-
      1. the expulsion was in accordance with the rules of the political party relating to party discipline; and
      2. the expulsion did not relate to any action taken by the member in his or her capacity as a member of a committee of Parliament.
2. For the purposes of subsection (1)(g), the seat of the member of Parliament becomes vacant only upon receipt by the Speaker of a written notification signed by the leader and the secretary of the political party notifying the Speaker that the member has resigned from the political party.
3. For the purposes of subsection (1)(h), the seat of the member of Parliament becomes vacant only upon receipt by the Speaker of a written notification signed by the leader and the secretary of the political party notifying the Speaker that the member has voted or abstained from voting in Parliament contrary to any direction issued by the political party, without obtaining the prior permission of the political party.
4. For the purposes of subsection (1)(i), the seat of the member of Parliament becomes vacant only upon receipt by the Speaker of a written notification signed by the leader and the secretary of the political party notifying the Speaker that the member has been expelled from the political party.
5. If a member of Parliament whose seat becomes vacant under subsection (1) seeks to question or challenge the validity of his or her seat in Parliament becoming vacant, the member must, within 7 days of the member's seat becoming vacant, by way of a proceeding, make an application to the Court of Disputed Returns for a declaration on whether the seat of the member has become vacant.
6. Any application made to the Court of Disputed Returns under this section must be determined by the Court of Disputed Returns within 21 days of the date when the application is made to it.
7. A determination by the Court of Disputed Returns under this section is final and not subject to any appeal.
8. If the member of Parliament whose seat becomes vacant under subsection (1) makes an application to the Court of Disputed Returns under subsection (5), the member is taken to be suspended from Parliament pending the determination by the Court of Disputed Returns.

64. Next candidate to fill vacancy

1. Subject to subsection (3), if the seat held by a member of Parliament who is a member of a political party becomes vacant, then the Electoral Commission must award that seat to the candidate of the same party who, in the most recent general election, is the highest ranked out of those candidates of that party who did not get elected to Parliament and who is still available to serve at the time of the vacancy (as may be determined by a written law governing elections), provided however that if no candidate in the most recent general election from that same political party is available, then a by-election must be held to fill the vacancy.
2. Subject to subsection (3), if the seat held by a member of Parliament who is an independent member becomes vacant during the term of Parliament, then a by-election must be held to fill the vacancy.
3. If the seat held by a member of Parliament becomes vacant more than 3 years and 6 months after the first meeting of Parliament following the most recent general election, then the seat so vacated shall remain vacant until the next general election.

65. Vacancies in membership

66. Court of Disputed Returns

1. The High Court is the Court of Disputed Returns and has original jurisdiction to hear and determine-
   1. by way of a petition, a question whether a person has been validly elected as a member of Parliament; and
   2. by way of a proceeding, an application for a declaration on whether the seat of a member of Parliament has become vacant.
2. The validity of an election of a person as a member of Parliament may only be disputed by petition addressed to the Court of Disputed Returns and not otherwise.
3. The petition under subsection (1)(a)-
   1. may only be brought by-
      1. a person who had the right to vote in the election concerned;
      2. a person who was a candidate in the election concerned; or
      3. the Attorney-General; and
   2. except if corrupt practice is alleged, must be brought within 21 days 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 petition.
5. Proceedings pursuant to subsection (1)(b) may only be brought by-
   1. a member of Parliament;
   2. a registered voter; or
   3. the Attorney-General.
6. If the proceedings under subsection (1)(b) are not brought by the Attorney-General, the Attorney-General may intervene in the proceedings.
7. Notwithstanding anything contained in subsection (5), proceedings under subsection (1)(b) cannot be brought under this section by the member of Parliament whose seat is the subject of the proceeding, and any proceeding by any such member which seeks to question or challenge the validity of his or her seat in Parliament becoming vacant must only be brought under section 63.
8. The Court of Disputed Returns must make a determination on any petition or proceeding within 21 days of the date when the petition or proceeding is brought before it.
9. A determination by the Court of Disputed Returns under this section is final and not subject to any appeal.

67. Sessions of Parliament

1. After a general election of members of Parliament, the Parliament shall be summoned to meet by the President no later than 14 days after the announcement of the results of the general election.
2. At the first meeting, the agenda of business shall include-
   1. swearing-in of members, presided over by the Secretary-General to Parliament;
   2. the election of the Speaker in accordance with section 77, presided over by the Secretary-General to Parliament;
   3. swearing-in of the Speaker, presided over by the Secretary-General to Parliament;
   4. the election and swearing-in of the Deputy Speaker, presided over by the Speaker;
   5. in the event that the Prime Minister has not assumed office under section 93(2), the appointment of the Prime Minister by the members of Parliament in accordance with section 93(3); and
   6. the election of the Leader of the Opposition, presided over by the Speaker, and conducted in accordance with section 78.
3. Other sessions of Parliament commence on a date appointed by the President on the advice of the Prime Minister but no longer than 6 months must elapse between the end of one session and the start of another.
4. Extraordinary legislative sessions
   If-
   1. Parliament is not in session; and
   2. the President receives a request in writing from not less than one-third of the members of Parliament requesting that Parliament be summoned to meet to consider without delay a matter of public importance,

   the President shall summon Parliament to meet.

5. Extraordinary legislative sessions
   If-
   1. Parliament is in session but more than 2 months have elapsed between the sitting of Parliament; and
   2. the Speaker receives a request in writing from the Prime Minister or from not less than one-third of the members of Parliament requesting that a sitting be held to consider without delay a matter of public importance,

   the Speaker must call a sitting of Parliament within one week of the date on which the request was made.

6. Subject to this section, the sittings of Parliament are held at such times and places as Parliament determines in accordance with its rules and orders.

68. Quorum

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

69. Voting

1. Except as otherwise provided in this Constitution, any question proposed for decision in Parliament must be determined by a majority vote of the members present and voting.
2. On a question proposed for decision in Parliament-
   1. the person presiding does not have a casting vote; and
   2. in the case of an equality of votes, the question is deemed to be lost.
3. The person presiding must not be counted when considering the number of members for the purpose of voting, or determining if a quorum is present.

70. Committees

71. Standing orders

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 of Parliament, for adoption by Parliament at its first sitting.

72. Petitions, public access and participation

1. Parliament must-
   1. conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
   2. facilitate public participation 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 exclusion of the public on grounds that are reasonable and justifiable.

73. Powers, privileges, immunities and discipline

1. Every member of Parliament, and anyone else speaking in Parliament, has-
   1. freedom of speech and debate in Parliament or its committees, subject to the standing orders; and
   2. parliamentary privilege and immunity in respect of anything said in Parliament or its committees.
2. Parliament may prescribe the powers, privileges and immunities of members of Parliament and may make rules and orders for the discipline of members of Parliament.

74. Power to call for evidence

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.
2. For the purposes of subsection (1), Parliament and each of its committees has the same powers as the High Court to-
   1. enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; and
   2. compel the production of documents or other materials or information as required for its proceedings.

75. Electoral Commission

1. The Electoral Commission established under the State Services Decree 2009 continues in existence.
2. The Commission has the responsibility 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-
   1. the registration of citizens as voters, and the regular revision of the Register of Voters;
   2. voter education;
   3. the registration of candidates for election;
   4. 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
   5. monitoring and enforcing compliance with any written law governing elections and political parties.
3. The Commission has such other functions as are conferred on it by this Constitution or a written law.
4. The 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 Commission may at other times make such reports to the President and Parliament as it thinks fit.
6. The Commission consists of a chairperson who is or is qualified to be a Judge, and 6 other members.
7. The chairperson and the members of the Commission shall be appointed by the President, on the advice of the Constitutional Offices Commission. Services Decree 2009 continues in existence.
8. A person is not qualified for appointment as a member if he or she is-
   1. a member of Parliament;
   2. the holder of a public office (other than an office of Judge);
   3. a member of a local authority; or
   4. a candidate for election to Parliament.

76. Supervisor of Elections

1. The office of the Supervisor of Elections established under the State
2. The Supervisor of Elections, acting under the direction of the Electoral Commission,-
   1. administers the registration of voters for elections of members to Parliament;
   2. conducts-
      1. elections of members of Parliament; and
      2. such other elections as Parliament prescribes; and
   3. may perform such other functions as are conferred by written law.
3. The Supervisor of Elections must comply with any directions that the Electoral 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 Constitutional Offices Commission following consultation by the Constitutional Offices Commission with the Electoral Commission.

77. Speaker and Deputy Speaker of Parliament

1. At its first sitting after a general election, and whenever required to fill a vacancy, Parliament must elect, by simple majority vote-
   1. a Speaker, who is not a member of Parliament but who is qualified to be a candidate for election as a member of Parliament; and
   2. a Deputy Speaker from amongst the members of Parliament (excluding Ministers).
2. Oaths to abide by constitution
   The Speaker and the Deputy Speaker assumes office by taking the oath or affirmation of allegiance and office set out in the Schedule, as administered by the Secretary-General to Parliament.
3. The Speaker shall preside over every sitting of Parliament.
4. The Deputy Speaker must perform the duties of the Speaker if the Speaker is absent from duty or from Fiji or is, for any other reason, unable to perform those duties.
5. If the Speaker or the Deputy Speaker is unable to perform the duties of the 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 the Speaker-
   1. is independent and subject only to this Constitution and any other law;
   2. serves to secure the honour and dignity of Parliament;
   3. is responsible for ensuring-
      1. the rights and privileges of all members; and
      2. public access to the proceedings of Parliament and its committees;
   4. has authority to maintain order and decorum in Parliament, in accordance with its standing orders and parliamentary tradition; and
   5. must act impartially, and without fear, favour or prejudice.
7. The office of the Speaker becomes vacant-
   1. on the day immediately before the first meeting of Parliament after a general election; or
   2. if, before that day, the Speaker-
      1. resign by giving to the President a written notice of resignation;
      2. becomes the holder of another public office;
      3. ceases to have the right to be registered as a voter in an election to Parliament;
      4. is absent from 2 consecutive meetings of Parliament; or
      5. is removed from office by a resolution supported by not less than two-thirds of the members of Parliament.
8. The office of the Deputy Speaker becomes vacant if the Deputy Speaker-
   1. resigns by giving to the Speaker a written notice of resignation;
   2. vacates his or her seat as a member of Parliament;
   3. is appointed as a Minister; or
   4. is removed from office by a resolution supported by not less than two thirds of the members of Parliament.

78. Leader of the Opposition

1. The members of Parliament who-
   1. do not belong to the Prime Minister's political party and are members of the opposition party or a coalition of opposition parties;
   2. do not belong to any party which is in coalition with, or which supports, the Prime Minister's political party; or
   3. are independent candidates who do not support the Prime Minister or the Prime Minister's political party,

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

2. At the first sitting of Parliament after a general election, the 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-
   1. 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
   2. 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 subsection (1), the position of the Leader of the Opposition shall remain vacant until such time 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).
5. Upon the expiry or dissolution of Parliament, the Leader of the Opposition continues in office until the next appointment of a Prime Minister.
6. If a Leader of the Opposition is unable to be elected in accordance with this section, then the provisions of this Constitution providing for any action by the Leader of the Opposition, including any advice, nomination or consultation of the Leader of the Opposition, are of no effect, and an appointment may be made or action may be taken under a provision of this Constitution without reference to the Leader of the Opposition.

79. Secretary-General to Parliament

1. This section establishes the office of the Secretary-General to Parliament.
2. The Secretary-General to Parliament shall be appointed by the President on the advice of the Constitutional Offices Commission.
3. The Secretary-General to Parliament has the same status as that of a permanent secretary and shall be responsible to the Speaker for the efficient, effective and economical management of Parliament.
4. The Secretary-General to Parliament is the principal procedural advisor to the Speaker, and to all members of Parliament and committees of Parliament.
5. The Secretary-General to Parliament is responsible for all the functions as may be conferred on him or her by the standing orders of Parliament.
6. In the performance of the functions or the exercise of the authority and powers, the Secretary-General to Parliament shall be independent and shall not be subject to the direction or control of any person or authority, except the Speaker, a court of law or as otherwise prescribed by written law.
7. The Secretary-General to Parliament shall have the authority to appoint, remove and discipline all staff (including administrative staff) in Parliament.
8. The Secretary-General to Parliament has the authority to determine all matters pertaining to the employment of all staff in Parliament, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
9. The salaries, benefits and allowances payable to the Secretary-General to Parliament and any person employed in Parliament are a charge on the Consolidated Fund.
10. Parliament shall ensure that adequate funding and resources are made available to the Secretary-General to Parliament, to enable him or her to independently and effectively exercise the powers and perform the functions and duties of the Secretary-General to Parliament.

80. Remunerations

81. The President of Fiji

1. This section establishes the office of the President.
2. Name/structure of executive(s)
   The President is the Head of State, and the executive authority of the State is vested in the President.
3. Designation of commander in chief
   The President shall perform the ceremonial functions and responsibilities as the Commander-in-Chief of the Republic of Fiji Military Forces.
4. Legislative oversight of the executive
   The President shall open each annual session of Parliament with an address outlining the policies and programmes of the Government.

82. President acts on advice

83. Qualification for appointment

1. Eligibility for head of state
   A person shall not be qualified to be nominated for the office of the President unless he or she-
   1. has had a distinguished career in any aspect of national or international life, whether in the public or private sector;
   2. holds only a Fijian citizenship;
   3. is not a member of, or holds any office in, any political party;
   4. is not a candidate for election to any other office in the State; and
   5. has not, at any time during the 6 years immediately before being nominated, been convicted of any offence under any law.
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 the President has 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 the President, under any written law.

84. Appointment of President

1. The President shall be appointed by Parliament in accordance with this section.
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 Parliament 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 the President, and the Speaker shall publicly announce the name of the President.
4. In the 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 the President receives the support of the majority of the members of Parliament, provided however that if after 3 rounds of voting, no person receives the support of the majority of the members of Parliament, then the person nominated by the Prime Minister shall be announced by the Speaker as being appointed as the President 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 the President by Parliament.

85. Term of office and remuneration

1. Head of state term length, Head of state term limits
   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 person 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 80.

86. Oath of office

87. Resignation

88. Chief Justice to perform functions in absence of President

89. Removal from office

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 the 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-
   1. the Prime Minister shall request the Chief Justice to establish-
      1. 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
      2. 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;

   2. the Chief Justice, who must act on the request, shall establish the tribunal or medical board, as the case may be; and
   3. the tribunal or medical board shall enquire into the matter and furnish a written report, including its advice on whether the President should be removed from office, to the Chief Justice, who shall refer the report to the Prime Minister for tabling in Parliament.
4. In deciding whether to remove the President from office, Parliament must act in accordance with the advice given by the tribunal or the medical 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 report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public.

90. Responsible Government

91. Cabinet

1. Cabinet selection
   Cabinet consists of the Prime Minister as chairperson, and such number of Ministers as determined by the Prime Minister.
2. Cabinet removal
   Cabinet members are accountable individually and collectively to Parliament, for the exercise of their powers and the performance of their functions.
3. Legislative oversight of the executive
   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. Legislative oversight of the executive
   Cabinet members must provide Parliament with full and regular reports concerning matters for which they are responsible.
5. Constitutional interpretation
   Cabinet may seek an opinion from the Supreme Court on any matter concerning the interpretation or application of this Constitution.

92. Office of the Prime Minister

1. Name/structure of executive(s)
   The Prime Minister is the head of the Government.
2. The Prime Minister shall keep the President generally informed about the issues relating to the governance of Fiji.
3. The Prime Minister-
   1. Cabinet selection
      appoints Ministers with such titles, portfolios and responsibilities as the Prime Minister determines from time to time;
   2. Cabinet removal
      dismisses Ministers; and
   3. Head of government powers
      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 responsibility 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.
4. The Prime Minister shall appoint a Minister to act in the office of the Prime Minister during any period, or during all periods, when the Prime 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 the Acting Prime Minister must be published in the Gazette.

93. Appointment of Prime Minister

1. Eligibility for head of government, Head of government's role in the legislature, Head of government selection
   The Prime Minister must be a member of Parliament.
2. Head of government selection, Oaths to abide by constitution
   After a general election, the member elected to Parliament who is the leader of one political party which has won more than 50% of the total number of seats in Parliament assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule.
3. Head of government selection
   After a general election, if no one political party has won more than 50% of the total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker 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 allegiance and office (which the President must administer) as set out in the Schedule; but if more than one person is nominated and seconded, the Speaker must conduct a vote, as follows-
   1. if after 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 allegiance and office (which the President must administer) as set out in the Schedule;
   2. 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 allegiance and office (which the President must administer) as set out in the Schedule;
   3. 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 allegiance and office (which the President must administer) as set out in the Schedule; and
   4. Dismissal of the legislature
      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 Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with this Constitution.
4. Head of government removal
   A vacancy arises if the Prime Minister-
   1. resigns, by written notice to the President;
   2. ceases to be, or ceases to qualify to be, a member of Parliament; or
   3. dies.
5. Head of government replacement
   If a vacancy arises in the office of the Prime Minister under subsection (4), then the 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 nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule, but if more than one person is nominated and seconded, the Speaker must conduct a vote, as follows-
   1. if after 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 allegiance and office (which the President must administer) as set out in the Schedule;
   2. 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 allegiance and office (which the President must administer) as set out in the Schedule;
   3. 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 allegiance and office (which the President must administer) as set out in the Schedule; and
   4. Dismissal of the legislature
      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 Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with this Constitution.
6. Head of government term length
   The Prime Minister shall serve for the full term of Parliament, unless dismissed in a motion of no confidence under section 94, and shall not be otherwise dismissed.
7. The Prime Minister and other Ministers continue in office until the next Prime Minister assumes office after a general election in accordance with this section.

94. Motion of no confidence

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 further motion of no confidence may be introduced against him or her for at least 6
4. If a motion of no confidence passes-
   1. the incumbent Prime Minister immediately ceases to hold office;
   2. every other member of Cabinet is deemed to have resigned; and
   3. the person proposed to be the Prime Minister, in the motion, assumes that office immediately upon being sworn in by the President.
5. Limits on removing head of government
   If a motion of no confidence fails against the incumbent Prime Minister, no months.

95. Appointment of Ministers

1. Eligibility for cabinet
   Subject to section 96(3), a Minister must be a member of Parliament.
2. Oaths to abide by constitution
   Each member of Cabinet assumes office by taking the oath or affirmation of allegiance and office set out in the Schedule, as administered by the President.
3. Cabinet removal
   Each Minister continues in office unless he or she-
   1. is removed by the Prime Minister;
   2. ceases to be, or ceases to qualify to be, a member of Parliament; or
   3. resigns by delivering a written notice of resignation to the Prime Minister.
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 published in the Gazette.

96. Attorney-General

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 the Attorney-General unless he or she-
   1. is admitted as a legal practitioner in Fiji and has had not less than 15 years post-admission practice as a legal practitioner whether in Fiji or abroad; and
   2. has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.
3. Eligibility for cabinet
   If the Prime Minister considers that there are no members of Parliament who-
   1. belong to the Prime Minister's political party;
   2. belong to any political party in coalition with the Prime Minister's political party; or
   3. are independent candidates who support the Prime Minister,

   who are qualified, suitable or available to be appointed as the Attorney-General, then the Prime Minister may appoint a person who is not a member of Parliament as the Attorney-General if that person-

   1. is a legal practitioner who is qualified to be appointed as the Attorney-General under subsection (2); and
   2. is qualified to be a candidate for election to Parliament under section 56.
4. A person appointed as the Attorney-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. Any person appointed as the Attorney-General must not, during the term of his or her appointment as the Attorney-General, practice as a legal practitioner in a law firm or have any interest in a law firm or have any law firm practice under his or her name.
6. 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-General to act as the 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.
7. Subsection (5) does not apply to any person appointed to act as the Attorney-General under subsection (6).

97. Judicial authority and independence

1. Structure of the courts
   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. Judicial independence
   The courts and all 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 administrative 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 the Judiciary has adequate financial and other resources to perform its functions and exercise its powers properly.
6. Protection of judges' salaries
   The Judiciary has control of its own budget and finances, as approved by Parliament.

98. Supreme Court

1. Number of supreme court judges
   The Supreme Court consists of-
   1. the Chief Justice, who is the President of the Supreme Court; and
   2. such other Judges as are appointed as Judges 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. Right to appeal judicial decisions
   The Supreme Court-
   1. is the final appellate court;
   2. 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
   3. Constitutional interpretation
      has original jurisdiction to hear and determine constitutional questions referred under section 91(5).
4. An appeal may not be brought to the Supreme Court from a final judgment of the Court of Appeal unless the Supreme Court grants leave to appeal.
5. In the exercise of its appellate jurisdiction, the Supreme Court may-
   1. review, vary, set aside or affirm decisions or orders of the Court of Appeal; or
   2. make any other order necessary for the administration of justice, including an order for a new trial or an order awarding costs.
6. Judicial precedence
   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.

99. Court of Appeal

1. The Court of Appeal consists of-
   1. a Judge, other than the Chief Justice, who is appointed as the President of the Court of Appeal; and
   2. such other Judges as are appointed as Justices of Appeal.
2. If deemed necessary by the President of the Court of Appeal, any of the Judges of the High Court, other than the Chief Justice, may sit on a matter being heard by the Court of Appeal.
3. Right to appeal judicial decisions
   The Court of Appeal has jurisdiction, subject to this Constitution and to such requirements 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. Constitutional interpretation
   Appeals lie to the Court of Appeal as of right from a final judgment of the High Court in any manner arising 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 that written law or under the rules pertaining to the Court of Appeal.

100. High Court

1. The High Court consists of-
   1. the Chief Justice;
   2. such other Judges as are appointed as Judges of the High Court;
   3. Masters of the High Court; and
   4. Chief Registrar of the High Court.
2. The jurisdiction and powers of the Masters of the High Court and the Chief Registrar of the High Court shall be prescribed by written law.
3. The High Court has unlimited original jurisdiction 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. Constitutional interpretation
   The High Court also has original jurisdiction in any matter arising under this Constitution or involving its interpretation.
5. Right to appeal judicial decisions
   The High Court has jurisdiction, subject to conferral by written law of rights of appeal and to such requirements as may be prescribed by written law, to hear and determine appeals from all judgments 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 courts and may, on an application duly made to it, make such orders, 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 courts.
7. Constitutional interpretation, Right to appeal judicial decisions
   If in any proceedings in a Magistrates Court or a subordinate court, a question 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.

101. Magistrates Court

1. The Magistrates Court consists of-
   1. the Chief Magistrate; and
   2. Ordinary court selection, Establishment of judicial council
      such other Magistrates as are appointed by the Judicial Services Commission.
2. The Magistrates Court has such jurisdiction as conferred by a written law.

102. Other courts

103. Court rules and procedures

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.

104. Judicial Services Commission

1. The Judicial Services Commission established under the Administration of Justice Decree 2009 continues in existence, and shall consist of-
   1. the Chief Justice, who is to be the chairperson;
   2. the President of the Court of Appeal;
   3. the Permanent Secretary responsible for justice;
   4. a legal practitioner to be appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General and who-
      1. has not less than 15 years post-admission practice; and
      2. has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission; and
   5. a person, not being a legal practitioner, appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General.
2. In addition to the functions conferred on it elsewhere in this Constitution, the Commission may investigate complaints about judicial officers.
3. In addition to the functions conferred on it by or under this Constitution, the Commission has such other powers and functions as may be prescribed by a written law.
4. The Commission shall be responsible for promoting programmes for the continuing education and training of Judges and judicial officers.
5. The Commission shall be responsible for the efficient functioning of the Judiciary.
6. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
7. The Commission shall provide regular updates and advice to the Attorney-General on any matter relating to the Judiciary or the administration of justice.
8. In the performance of its functions or the exercise of its authority and powers, the 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.
9. The secretary of the Commission shall be the Chief Registrar, or any other person performing the functions of that office.
10. The quorum for the meetings of the Commission shall consist of the chairperson and 2 other members.
11. The members of the Commission referred to in subsection (1)(d) and (e) shall be appointed for a term of 3 years and shall be eligible for re-appointment.
12. The members of the Commission referred to in subsection (1)(d) and (e) shall be entitled to such remuneration as determined by the President acting on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
13. The members of the Commission referred to in subsection (1)(d) or (e) maybe 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.
14. Removal from office of the members of the Commission referred to in subsection (1)(d) or (e) must be pursuant to subsection (15).
15. If the Chief Justice, following consultation with the Attorney-General, considers that the question of removal of the member of the Commission referred to in subsection (1)(d) or (e) from office ought to be investigated, then-
    1. the Chief Justice appoints-
       1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
       2. 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;
    2. 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 member of the Commission referred to in subsection (1)(d) or (e) should be removed from office; and
    3. in deciding whether or not to remove the member of the Commission referred to in subsection (1)(d) or (e) from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
16. The President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General may, on such terms and conditions as he or she deems fit, suspend the member of the Commission referred to in subsection (1)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (15), and may at any time, revoke the suspension.
17. The suspension of the member of the Commission referred to in subsection (1)(d) or (e) from office under subsection (16) ceases to have effect if the President determines that the person should not be removed from office.
18. The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (15) shall be made public.

105. Qualification for appointment

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. Eligibility for supreme court judges
   A person is not qualified for appointment as a Judge unless he or she-
   1. holds, or has held a high judicial office in Fiji or in another country prescribed by law; or
   2. has had not less than 15 years post-admission practice as a legal practitioner in Fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.
3. A person is not qualified for appointment as a Magistrate unless he or she-
   1. holds, or has held a judicial office in Fiji or in another country prescribed by law; or
   2. has had not less than 10 years post-admission practice as a legal practitioner in Fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.

106. Appointment of Judges

1. Supreme court selection, Ordinary court selection
   The Chief Justice and the President of the Court of Appeal are appointed by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Attorney-General.
2. Supreme court selection, Establishment of judicial council, Ordinary court selection
   The Judges of the Supreme Court, the Justices of Appeal and the Judges of the High Court are appointed by the President on the recommendation of the Judicial Services 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 appointment as a Judge to act as the Chief Justice during any period, or during all periods, when the office of the 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 Services 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.

107. Other appointments

1. The Judicial Services Commission has the authority to appoint Magistrates, Masters of the High Court, the Chief Registrar, and other judicial officers as may be prescribed by any written law.
2. In making appointments under subsection (1), the Judicial Services Commission must consult with the Attorney-General.

108. Judicial department employees

1. The Judicial Services Commission has the authority to appoint, remove and take disciplinary action against all non-judicial officers employed in the Judiciary.
2. The Judicial Services Commission has the authority to determine all matters pertaining to the employment of non-judicial officers employed in the Judiciary, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of non-judicial officers that are required to be appointed, in accordance with the budget as approved by Parliament.
3. The Judicial Services Commission may by written notice delegate its powers and authority under this section to the Chief Registrar.

109. Oath of office

110. Term of office

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 Services Commission at the time of appointment, and may be eligible for re-appointment.
2. Mandatory retirement age for judges
   Any other appointment as a Judge continues until the Judge reaches retirement age, which is-
   1. for the Chief Justice, President of the Court of Appeal, Judges of the Supreme Court and Justices of Appeal-the age of 75; and
   2. for the Judges of the High Court-the age of 70.
3. A person who retired as a Judge of the High Court, but has not reached the age of 75, is eligible for appointment as a Judge of the Supreme Court or as a Justice of Appeal.

111. Removal of Chief Justice and President of the Court of Appeal for cause

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 of body or mind or any other cause) or for misbehaviour, 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 considers that the question of removing the Chief Justice or the President of the Court of Appeal from office ought to be investigated, then-
   1. the President, acting on the advice of the Prime Minister, shall appoint-
      1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or have held high judicial office in Fiji or in another country; and
      2. 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;
   2. 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 Chief Justice or the President of the Court of Appeal should be removed from office; and
   3. in deciding whether or not to remove the Chief Justice or the President of the Court of Appeal, the President must act on the advice 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 appointment 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 report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public.

112. Removal of judicial officers for cause

1. A Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial Services Commission 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 of a Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial Services Commission from office must be by the President pursuant to this section.
3. If the President, acting on the advice of the Judicial Services Commission, considers that the question of removing a Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial Services Commission from office ought to be investigated, then-
   1. the President, acting on the advice of the Judicial Services Commission, shall appoint-
      1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or have held high judicial office in Fiji or in another country; and
      2. 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;
   2. 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 Services Commission should be removed from office; and
   3. 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 Services Commission, suspend the Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial Services 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 Services Commission from office under subsection (4) ceases to have effect if the President determines that the Judge, Magistrate, Master of the High Court, the Chief Registrar or any other judicial officer appointed by the Judicial Services Commission should not be removed from office.
6. The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public.
7. This section does not apply to the Chief Justice or the President of the Court of Appeal.

113. Remuneration of judicial officers

1. Protection of judges' salaries
   The salaries and benefits payable to, or in respect of, a judicial 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 the Chief Justice and the President of the Court of Appeal shall be determined by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Attorney-General.
3. The salaries and benefits payable to any person appointed as a Judge (other than the Chief Justice and the President of the Court of Appeal), Magistrate, Master of the High Court, the Chief Registrar or other judicial officers appointed by the Judicial Services Commission shall be determined by the Judicial Services Commission, following consultation with the Prime Minister and the Attorney-General.
4. The remuneration and benefits payable to or in respect of a judicial officer are a charge on the Consolidated Fund.
5. A judicial officer is protected from civil or criminal action for anything said or done, or omitted to be done, in the performance of a judicial function.

114. Independent Legal Services Commission

1. The Independent Legal Services Commission established by the Legal Practitioners Decree 2009 continues in existence.
2. The Commission shall consist of 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 Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General.
4. The Commissioner shall be appointed for a term of 3 years and shall be eligible for re-appointment.
5. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as the Commissioner during any period or during all periods, when the office of the Commissioner is vacant or when the Commissioner is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.
6. The Commissioner 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.
7. The procedure for removal of the Commissioner from office shall be the same as the procedure for removal of a judicial officer under section 112.
8. The authority, functions and responsibilities of the Commission shall be prescribed by written law, and a written law may make further provisions for the Commission.
9. 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 authority, except by a court of law or as otherwise prescribed by written law.
10. The Commissioner shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
11. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
12. The Commission shall provide regular updates and advice to the Attorney-General on any matter relating to its functions and responsibilities.

115. Fiji Independent Commission Against Corruption

1. The Fiji Independent Commission Against Corruption established by the Fiji Independent Commission Against Corruption Promulgation 2007 continues in existence.
2. The Commission shall consist of a Commissioner, Deputy Commissioner and such other officers as may be appointed by law.
3. The authority, functions and responsibility of the Commission shall be prescribed by written law, and a written law may make further provisions for the Commission.
4. Without prejudice to subsection (3), the Commission may-
   1. investigate, institute and conduct criminal proceedings;
   2. take over investigations and criminal proceedings that fall under its responsibility and functions as prescribed by law, and which may have been initiated by another person or authority; and
   3. discontinue, at any stage before judgment is delivered, criminal proceedings instituted or conducted by it.
5. The powers of the Commissioner and the Deputy Commissioner may be exercised by him or her personally, his or her delegate, or through other persons acting on his or her instructions.
6. In the performance of its functions or the exercise of its authority and powers, the 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.
7. International organizations, International law
   In exercising its powers and performing its functions and duties, the Commission shall be guided by the standards established under the United Nations Convention Against Corruption.
8. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
9. The Commission shall provide regular updates and advice to the Attorney-General on any matter relating to its functions and responsibilities.
10. The Commissioner and the Deputy Commissioner have the authority to appoint, remove and discipline all staff (including administrative staff) in the Commission.
11. The Commissioner and the Deputy Commissioner have the authority to determine all matters pertaining to the employment of all staff in the Fiji Independent Commission Against Corruption, including-
    1. the terms and conditions of employment;
    2. Civil service recruitment
       the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
12. The Commissioner and the Deputy Commissioner shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
13. The salaries, benefits and allowances payable to any person employed in the Commission are a charge on the Consolidated Fund.
14. Parliament shall ensure that adequate funding and resources are made available to the Commission, to enable it to independently and effectively exercise its powers and perform its functions and duties.

116. Solicitor-General

1. The office of the Solicitor-General established by the State Services Decree 2009 continues in existence.
2. The Solicitor-General is responsible for-
   1. providing independent legal advice to Government and to the holder of a public office, on request;
   2. preparing draft laws on the request of Cabinet;
   3. maintaining a publicly accessible register of all written law;
   4. representing the State in court in any legal proceedings to which the State is a party, other than criminal proceedings; and
   5. performing any other functions assigned by this Constitution, any written law, Cabinet or the Attorney-General.
3. The Solicitor-General, with the permission of the court, may appear as a friend of the court in any civil proceedings to which the State is not a party.
4. The Solicitor-General must be a person who is qualified to be appointed as a Judge.
5. The Solicitor-General shall be appointed by the President on the recommendation of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General.
6. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as the Solicitor-General during any period or during all periods, when the office of the 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.
7. The Solicitor-General has the same status as that of a permanent secretary and shall be responsible as the Permanent Secretary for the Office of the Attorney-General and may be assigned such additional responsibilities as permanent secretary.
8. The Solicitor-General shall have the same term of office as a Judge of the High Court, and shall be paid such remuneration as determined by the Judicial Services Commission in consultation with the Attorney-General, provided however that such remuneration shall not be less than that payable to a Judge of the High Court or a permanent secretary and any such remuneration must not be varied to his or her disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
9. The Solicitor-General 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.
10. The procedure for removal of the Solicitor-General from office shall be the same as the procedure for removal of a judicial officer under section 112.
11. 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.
12. The Solicitor-General has the authority to determine all matters pertaining to the employment of all staff in the Office of the Attorney-General, including-
    1. the terms and conditions of employment;
    2. Civil service recruitment
       the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
13. The salaries, benefits and allowances payable to any person employed in the Office of the Attorney-General are a charge on the Consolidated Fund.
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.

117. Director of Public Prosecutions

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 Director of Public Prosecutions shall be appointed by the President on the recommendation of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General.
4. The President may, on the recommendation of the Judicial Services Commission 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 Public 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 remuneration as determined by the Judicial Services Commission in consultation with the Attorney-General provided however that such remuneration shall not be less than that payable to a Judge of the High Court and any such remuneration must not be varied to his or her disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
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 of 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 112.
8. The Director of Public Prosecutions may-
   1. institute and conduct criminal proceedings;
   2. take over criminal proceedings that have been instituted by another person or authority (except proceedings instituted by the Fiji Independent Commission Against Corruption);
   3. discontinue, at any stage before judgment is delivered, criminal proceedings instituted or conducted by the Director of Public Prosecutions or another person or authority (except proceedings instituted or conducted by the Fiji Independent Commission Against Corruption); and
   4. 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 the 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, except by a court of law or as otherwise prescribed by this Constitution or a written law.
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.
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-
    1. the terms and conditions of employment;
    2. Civil service recruitment
       the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. 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 salaries, 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.

118. Legal Aid Commission

1. The Legal Aid Commission established by the Legal Aid Act 1996 continues in existence.
2. The Commission shall provide free legal aid services to those members of the public who cannot afford the services of a legal practitioner, in accordance with such rules and guidelines as may be prescribed by or under a written law.
3. The authority, functions and responsibility of the Commission shall be prescribed by written law, and a written law may make further provisions for the Commission.
4. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
5. In the performance of its functions or the exercise of its authority and powers, the 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.
6. The Commission shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the Commission.
7. The Commission has the authority to determine all matters pertaining to the employment of all staff in the Commission, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
8. The salaries, benefits and allowances payable to any person employed in the Commission are a charge on the Consolidated Fund.
9. Parliament shall ensure that adequate funding and resources are made available to the Commission, to enable it to independently and effectively exercise its powers and perform its functions and duties.
10. The Commission shall have the control of its own budget and finances, as approved by Parliament.
11. The Commission shall provide regular updates and advice to the Attorney-General on any matter relating to its functions and responsibilities.

119. Mercy Commission

1. The Commission on the Prerogative of Mercy established under the State Services Decree 2009 continues in existence as the Mercy Commission.
2. The Commission consists of-
   1. the Attorney-General who is to be its chairperson; and
   2. 4 other members appointed by the President, acting on the advice of the Judicial Services Commission, following consultation by it with the Attorney-General.
3. Power to pardon
   On the petition of any convicted person, the Commission may recommend that the President exercise a power of mercy by-
   1. granting a free or conditional pardon to a person convicted of an offence;
   2. postponing the carrying out of a punishment, either for a specific or indeterminate period; or
   3. remitting all or a part of a punishment.
4. The Commission may dismiss a petition that it reasonably considers to be frivolous, vexatious or entirely without merit, but otherwise-
   1. must consider a report on the case prepared by-
      1. the Judge who presided at the trial; or
      2. the Chief Justice, if a report cannot be obtained from the presiding Judge;
   2. must consider any other information derived from the record of the case or elsewhere that is available to the Commission; and
   3. may consider the views of the victims of the offence.
5. The President must act in accordance with the recommendations of the Commission.
6. The members of the Commission referred to in subsection (2)(b) shall be appointed for a term of 3 years and shall be eligible for re-appointment.
7. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as a member of the Commission during any period or during all periods, when there is a vacancy in the membership of the Commission or when a member is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.
8. The members of the Commission referred to in subsection (2)(b) 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.
9. The procedure for removal of the members of the Commission referred to in subsection (2)(b) from office shall be the same as the procedure for removal of a judicial officer under section 112.
10. In the performance of its functions or the exercise of its authority and powers, the 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.
11. The members of the Commission referred to in subsection (2)(b) shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
12. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
13. The quorum for the meetings of the Commission shall consist of the chairperson and 2 other members.
14. The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.

120. Public Service Disciplinary Tribunal

1. This section establishes the Public Service Disciplinary Tribunal.
2. The Tribunal shall consist of a chairperson and 2 other members, appointed by the President, on the advice of the Judicial Services Commission following consultation by it with the Attorney-General.
3. The chairperson of the Tribunal must be a person who is, or is qualified to be appointed as a Judge.
4. The members of the Tribunal shall be appointed for a term of 3 years and shall be eligible for re-appointment.
5. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as a member of the Tribunal during any period or during all periods, when there is a vacancy in the membership of the Tribunal or when a member is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.
6. The members of the Tribunal 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.
7. The procedure for removal of the members of the Tribunal from office shall be the same as the procedure for removal of a judicial officer under section 112.
8. The authority, functions and responsibilities of the Tribunal shall be prescribed by written law, and a written law may make further provisions for the Tribunal.
9. 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-
   1. the Public Service Commission against any permanent secretary; or
   2. a permanent secretary, the Solicitor-General, the Director of Public Prosecutions or the Secretary-General to Parliament against any person employed in their respective ministries or offices.
10. Any decision of the Tribunal shall be subject to review by the High Court.
11. A written law may make further provision for the Tribunal, including rules and procedures for the hearings before the Tribunal.
12. In the performance of its functions or the exercise of its authority and powers, the Tribunal 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.
13. The members of the Tribunal shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
14. The Tribunal may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
15. The Tribunal shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.
16. The salaries, benefits and allowances payable to the members of the Tribunal are a charge on the Consolidated Fund.
17. Parliament shall ensure that adequate funding and resources are made available to the Tribunal, to enable it to independently and effectively exercise its powers and perform its functions and duties.

121. Accountability and Transparency Commission

1. This section establishes the Accountability and Transparency Commission.
2. The Commission shall consist of a chairperson and 2 other members appointed by the President, on the advice of the Judicial Services Commission following consultation by it with the Attorney-General.
3. The chairperson of the Commission must be a person who is, or is qualified to be appointed as a Judge.
4. The members of the Commission shall be appointed for a term of 3 years and shall be eligible for re-appointment.
5. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as a member of the Commission during any period or during all periods, when there is a vacancy in the membership of the Commission or when a member is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.
6. The members of the Commission 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.
7. The procedure for removal of the members of the Commission from office shall be the same as the procedure for removal of a judicial officer under section 112.
8. The authority, functions and responsibilities of the Commission shall be prescribed by written law, and a written law may make further provisions for the Commission.
9. A written law shall provide the Commission with the jurisdiction, authority and powers to receive and investigate complaints against permanent secretaries and all persons holding a public office.
10. In the performance of its functions or the exercise of its authority and powers, the 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.
11. The members of the Commission shall be entitled to such remuneration as determined by the President acting on the advice of the Judicial Services Commission following consultation by the Judicial Services Commission with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
12. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
13. The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.
14. The Commission shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the Commission.
15. The Commission has the authority to determine all matters pertaining to the employment of all staff in the Commission, including-
    1. the terms and conditions of employment;
    2. Civil service recruitment
       the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
16. The salaries, benefits and allowances payable to any person employed in the Commission are a charge on the Consolidated Fund.
17. Parliament shall ensure that adequate funding and resources are made available to the Commission, to enable it to independently and effectively exercise its powers and perform its functions and duties.
18. The Commission shall have control of its own budget and finances, as approved by Parliament.

122. Existing appointments

123. Values and principles

124. Public officers must be citizens

125. Public Service Commission

1. The Public Service Commission established under the State Services Decree 2009 continues in existence.
2. The Public Service Commission consists of-
   1. a chairperson; and
   2. not less than 3 and not more than 5 other members,

   appointed by the President on the advice of the Constitutional Offices Commission.

3. If the position 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 office, the President may, on the advice of the Constitutional Offices Commission, appoint a person to act as the chairperson of the Public Service Commission.
4. The President may, on the advice of the Constitutional Offices Commission, 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 from Fiji or is, for any other reason, unable to perform the functions of office.

126. Functions of the Public Service Commission

1. Subject to this section and other sections of this Constitution, the Public Service Commission has the following functions-
   1. to appoint permanent secretaries, with the agreement of the Prime Minister;
   2. to remove permanent secretaries, with the agreement of the Prime Minister;
   3. to institute disciplinary action against permanent secretaries; and
   4. to make such other appointments 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-
   1. an office of a Judge or an office that is the responsibility of the Judicial Services Commission;
   2. an office that is the responsibility of another body prescribed by written law;
   3. an office in the Republic of Fiji Military Forces, Fiji Police Force or the Fiji Corrections Service; or
   4. an office in respect of which this Constitution makes provision.

127. Permanent secretaries

1. There is established within each ministry the office of a permanent 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 Public Service Commission, with the agreement of the Prime Minister, may at any time re-assign one or more permanent secretaries amongst the various ministries of the State.
5. A permanent secretary may resign from office by giving written notice to the Public Service Commission.
6. A permanent secretary shall be entitled to such remuneration as determined by the Public Service Commission following the agreement of the Prime Minister, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
7. 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.
8. 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 ministry, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.

128. Appointment of ambassadors

1. International organizations
   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 international 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).

129. Fiji Police Force

1. The Fiji Police Force established under a written law continues in existence.
2. The office of the Commissioner of Police established under the State Services 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 President, on the advice of the Constitutional Offices Commission following consultation with the Minister responsible for the Fiji Police Force.
5. The Commissioner of Police is responsible for-
   1. the organisation and administration of the Fiji Police Force; and
   2. the deployment and control of its operations,

   and, subject to subsection (6), is not subject to the 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 Commissioner of Police must act in accordance with it.
7. The Commissioner of Police has the following powers in relation to the Fiji Police Force for all ranks, members and other employees, of the Fiji Police Force-
   1. to appoint persons to the Fiji Police Force;
   2. to remove persons from the Fiji Police Force; and
   3. to take disciplinary action against persons in the Fiji Police Force,

   and all written laws governing the Fiji Police Force shall be construed accordingly.

8. The Commissioner of Police, with the agreement of the Minister responsible for the Fiji Police Force, has the authority to determine all matters pertaining to the employment of all staff in the Fiji Police Force, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
9. A written law may prescribe provisions relating to the Fiji Police Force.

130. Fiji Corrections Service

1. The Fiji Corrections Service established under a written law continues in existence.
2. The office of the Commissioner of the Fiji Corrections Service established under the State Services Decree 2009 continues in existence.
3. The Fiji Corrections Service is under the command of the Commissioner of the Fiji Corrections Service.
4. The Commissioner of the Fiji Corrections Service is appointed by the President, on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for the Fiji Corrections Service.
5. The Commissioner of the Fiji Corrections Service is responsible for-
   1. the organisation and administration of the Fiji Corrections Service; and
   2. the deployment and control of its operations,

   and, subject to subsection (6), is not subject to the direction or control by any other person 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 Commissioner of the Fiji Corrections Service must act in accordance with it.
7. The Commissioner of the Fiji Corrections Service has the following powers in relation to the Fiji Corrections Service for all ranks, members and other employees of the Fiji Corrections Service-
   1. to appoint persons to the Fiji Corrections Service;
   2. to remove persons from the Fiji Corrections Service; and
   3. to take disciplinary action against persons in the Fiji Corrections Service,

   and all written laws governing the Fiji Corrections Service shall be construed accordingly.

8. The Commissioner of the Fiji Corrections Service, with the agreement of the Minister responsible for the Fiji Corrections Service, has the authority to determine all matters pertaining to the employment of all staff in the Fiji Corrections Service, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
9. A written law may prescribe provisions relating to the Fiji Corrections Service.

131. Republic of Fiji Military Forces

1. The Republic of Fiji Military Forces established under the State Services Decree 2009 continues in existence.
2. It shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians.
3. Designation of commander in chief
   The Commander of the Republic of Fiji Military Forces shall be responsible for exercising military executive command of the Republic of Fiji Military Forces.
4. Designation of commander in chief
   The Commander of the Republic of Fiji Military Forces is appointed by the President, on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for the Republic of Fiji Military Forces.
5. Selection of active-duty commanders
   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-
   1. to appoint persons to the Republic of Fiji Military Forces;
   2. to remove persons from the Republic of Fiji Military Forces; and
   3. to take disciplinary action against persons in the Republic of Fiji Military Forces,

   and all written laws governing the Republic of Fiji Military Forces shall be construed accordingly.

6. The Commander of the Republic of Fiji Military Forces, with the agreement of the Minister responsible for the Republic of Fiji Military Forces, has the authority to determine all matters pertaining to the employment of all staff in the Republic of Fiji Military Forces, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
7. A written law may prescribe provisions relating to the Republic of Fiji Military Forces.

132. Constitutional Offices Commission

1. This section establishes the Constitutional Offices Commission.
2. The Commission shall consist of-
   1. the Prime Minister, who shall be the chairperson;
   2. the Leader of the Opposition;
   3. the Attorney-General;
   4. 2 persons appointed by the President on the advice of the Prime Minister; and
   5. 1 person appointed by the President on the advice of the Leader of the Opposition.
3. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
4. The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.
5. In the performance of its functions or the exercise of its authority and powers, the 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.
6. The quorum for the meetings of the Commission shall consist of the chairperson and 2 other members.
7. The secretary of the Commission shall be the Solicitor-General.
8. The members of the Commission referred to in subsection (2)(d) and (e) hold office for a term of 3 years and are eligible for re-appointment.
9. The members of the Commission referred to in subsection (2)(d) and (e) are entitled to such remuneration and allowances as determined by the President, and the remuneration and allowances must not be varied to their disadvantage during their term in office, except as part of an overall austerity reduction similarly applicable to all officers of the State.
10. The members of the Commission referred to in subsection (2)(d) or (e) maybe 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.
11. Removal from office of the members of the Commission referred to in subsection (2)(d) and (e) must be pursuant to subsection (12).
12. If the Chief Justice, following consultation with the Attorney-General, considers that the question of removal of the member of the Commission referred to in subsection (2)(d) or (e) from office ought to be investigated, then-
    1. the Chief Justice appoints-
       1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
       2. 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;
    2. 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 member of the Commission referred to in subsection (2)(d) or (e) should be removed from office; and
    3. in deciding whether or not to remove the member of the Commission referred to in subsection (2)(d) or (e) from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
13. The President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General may, on such terms and conditions as he or she deems fit, suspend the member of the Commission referred to in subsection (2)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (12), and may at any time, revoke the suspension.
14. The suspension of the member of the Commission referred to in subsection (2)(d) or (e) from office under subsection (13) ceases to have effect if the President determines that the person should not be removed from office.
15. The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (12) shall be made public.

133. Functions of the Constitutional Offices Commission

134. Application

135. Terms and conditions of office

1. Central bank
   Subject to this section, a person holding the office referred to in section 134(a) to (g) holds office for 5 years and is eligible for re-appointment.
2. Subject to this section, a person holding the office referred to in section 134(h) to (j) holds office for 3 years, and is eligible for re-appointment.
3. The appointment of a person to whom this Part applies is subject to the terms and conditions (if any) set out in it.
4. In the performance of his or her duties or functions or the exercise of his or her powers, a person to whom this Part applies is not subject to the direction or control by any person, except as provided under this Constitution or by a written law.

136. Remuneration and allowances

1. A person to whom this Part applies is entitled to such remuneration and allowances as determined by the President on the advice of the Constitutional Offices Commission, and the remuneration and allowances must not be varied to their disadvantage during his or her term in office, except as part of an overall austerity reduction similarly applicable to all officers of the State.
2. In advising the President on the remuneration and allowances payable to a person to whom this Part applies, the Constitutional Offices Commission must establish an independent committee (not comprising any holder of a public office) which shall advise the Constitutional Offices Commission on the appropriate remuneration and allowances that should be payable to a person to whom this Part applies.

137. Removal from office for cause

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 Constitutional Offices Commission considers that the question of removal from office ought to be investigated, then-
   1. the Constitutional Offices Commission appoints-
      1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
      2. 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;
   2. 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 person concerned should be removed from office; and
   3. in deciding whether or not to remove the person concerned from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
4. The President on the advice of the Constitutional Offices Commission 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 office under subsection (4) ceases to have effect if the President determines that the person should not be removed from office.
6. The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public.

138. Performance of functions of commissions and tribunals

1. This section applies to-
   1. Human Rights and Anti-Discrimination Commission;
   2. Electoral Commission;
   3. Judicial Services Commission;
   4. Legal Aid Commission;
   5. Mercy Commission;
   6. Public Service Disciplinary Tribunal;
   7. Accountability and Transparency Commission;
   8. Public Service Commission;
   9. Constitutional Offices Commission; and
   10. any tribunal or medical board established or appointed under this Constitution to consider the question of removal from office of any person.
2. A commission, tribunal or board to which this section applies may by regulation make provision for regulating and facilitating the performance of its functions.
3. A decision of a commission, tribunal or board to which this section applies requires the concurrence of a majority of its members and the commission, tribunal or board to which this section applies 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.
4. Subject to this section, a commission, tribunal or board to which this section applies may regulate its own procedure.
5. In the performance of its functions or the exercise of its powers, a commission, tribunal or board to which this section applies is not subject to the direction or control of any other person or authority, except as otherwise provided by this Constitution.
6. Nothing in subsection (5) 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.
7. In addition to the functions conferred on it by or under this Constitution, a commission, tribunal or board to which this section applies has such powers and other functions (if any) as are prescribed by written law.
8. The validity of the transaction of business of a commission, tribunal or board to which this section applies is not affected if a person who was not entitled to do so took part in the proceedings.
9. A commission, tribunal or board to which this section applies has the same powers as the High Court in respect of attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of production of documents.

149. Code of conduct

150. Freedom of information

151. Auditor-General

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 President on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for finance.
3. The President may, on the advice of the Constitutional Offices Commission, appoint a person to act as the Auditor-General during any period, or during all periods, when the office of the Auditor-General is vacant or when the Auditor-General is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.

152. Functions of Auditor-General

1. At least once in every year, the Auditor-General shall inspect, audit and report to Parliament on-
   1. the public accounts of the State;
   2. the control of public money and public property of the State; and
   3. all transactions with or concerning the public money or public property of the State.
2. In the report, the Auditor-General must state whether, in his or her opinion-
   1. 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
   2. expenditure has been applied to the purpose for which it was authorised.
3. A written law may make further provisions 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. In the performance of his or her functions or the exercise of his or her authority and powers, the Auditor-General 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.
6. The Auditor-General shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the office of the Auditor-General.
7. The Auditor-General has the authority to determine all matters pertaining to the employment of all staff in the office of the Auditor-General, including-
   1. the terms and conditions of employment;
   2. Civil service recruitment
      the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
8. The salaries, benefits and allowances payable to any person employed in the office of the Auditor-General are a charge on the Consolidated Fund.
9. Parliament shall ensure that adequate funding and resources are made available to the Auditor-General, to enable him or her to independently and effectively exercise his or her powers and perform his or her functions and duties.
10. The Auditor-General shall have control of the budget and finances of the office of the Auditor-General, as approved by Parliament.
11. 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.
12. If the written law under subsection (11) so provides, it must also empower the Auditor-General to review those audits and report the results of a review.
13. The Auditor-General must submit a report made by him or her to the Speaker of Parliament and must submit a copy to the Minister responsible for finance.
14. 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.

153. Reserve Bank of Fiji

1. The Reserve Bank of Fiji is the central bank of the State, whose primary objects are-
   1. to protect the value of the currency in the interest of balanced and sustainable economic growth;
   2. to formulate monetary policy;
   3. to promote price stability;
   4. to issue currency; and
   5. to perform other functions conferred on it by a written law.
2. In pursuing its primary objects, the Reserve Bank of Fiji must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the Reserve Bank of Fiji and the Minister responsible for finance.
3. The powers and functions of the Reserve Bank of Fiji are those customarily exercised and performed by central banks.
4. The Governor of the Reserve Bank of Fiji shall be appointed by the President on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for finance.
5. A written law must provide for the composition, powers, functions and operations of the Reserve Bank of Fiji.
6. The Reserve Bank of Fiji must deliver quarterly and annual reports to Parliament, and any other reports when required by law, or requested by resolution.

162. Short title and commencement

1. This Constitution may be cited as the Constitution of the Republic of Fiji.
2. This Constitution shall come into force on 7 September 2013.

163. Interpretation

1. In this Constitution, unless the contrary intention appears-
   • "Act" means an Act of Parliament, a Decree or a Promulgation;

     "adult" means an individual who is 18 years of age or over;

     "Bill of Rights" means the rights 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-

     1. any attempt to improperly influence a public officer;
     2. to influence peddling, bribery, or extortion;
     3. misuse of inside information for personal gain;
     4. requesting or accepting any benefit to which a person is not lawfully entitled;
     5. withholding any service, benefit, decision or judgment, or threatening a person with the exercise of a lawful power against that person, or implying any such practice, in order to extort a personal benefit or to improperly obtain the person's consent to any action or omission;
     6. unlawfully taking or demanding any private property;
     7. misuse or misapplication of public property for personal purposes, or theft of public property; and
     8. 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 appeal, 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 that-

     1. 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
     2. forms the basis of unfair discrimination;

     "disciplinary law" means a written law regulating the discipline of any disciplined force;

     "disciplined force" means-

     1. the Republic of Fiji Military Forces;
     2. the Fiji Police Force; or
     3. the Fiji Corrections Service;

     "electoral offences" includes an offence under a law governing elections and includes any offence under any law governing registration of voters and registration of political parties;

     Reference to country's history

     "Fiji" or "Republic of Fiji" means the territories which immediately before 10 October 1970 constituted the Colony of Fiji and includes any other territory declared by Parliament to form part of Fiji;

     "Gazette" means the Government of the Republic 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;

     "human trafficking" includes trafficking of persons as defined or prescribed by a written law;

     "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 Services Commission;

     "law" includes all written law;

     "minerals" includes all minerals extracted from land or seabed and includes natural gases;

     "oath" includes affirmation;

     "oath or affirmation of allegiance and office" means the oath or affirmation of allegiance and office as set out in the Schedule;

     "person" means a natural or legal person, including a company or association or body of persons whether corporate or unincorporated;

     "political party" means an organised group or association of persons striving for participation in the political life or Government of the Republic of Fiji that has been registered under a written law regulating the organisation of political parties;

     "prescribed" means prescribed in, by or under a written law;

     "President" means the President of the Republic of Fiji appointed under Chapter 4 and includes any person appointed or holding office under Part D of this Chapter;

     "property" includes any vested or contingent right to, or interest in or arising from-

     1. land, or permanent fixtures on, or improvements to, land;
     2. goods or personal property;
     3. intellectual property; or
     4. money or negotiable instruments;

     "public office" means-

     1. an office created by, or continued in existence under, this Constitution;
     2. an office in respect of which this Constitution makes provision;
     3. an office of a member of a commission;
     4. an office in a State service;
     5. an office of Judge;
     6. an office of Magistrate or an office in a court created by written law;
     7. an office in, or as a member of, a statutory authority; or
     8. 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-

     1. service in the judicial branch;
     2. service in the office of a member of a commission; or
     3. service in an office created by, or continued in existence under, this Constitution;

     "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 dissolved;

     "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, and includes regulations, rules, orders, by-laws or declarations;

     "this Constitution" means the Constitution of the Republic of Fiji; and

     "written law" means an Act, Decree, Promulgation and subordinate law made under those Acts, Decrees or Promulgations.

2. A reference in this Constitution to a power to make appointments to a public office includes a reference to-
   1. a power to make appointments on the promotion or transfer to the office; and
   2. 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 appointed, and the resignation takes effect-
   1. at the time or on the date specified in the notice; or
   2. 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-
   1. a power to require the person to retire from office;
   2. a power to terminate the contract on which the person is employed; or
   3. a power not to renew the contract on which the person is employed.
6. A reference in this Constitution to amending any law (including this Constitution) is a reference to-
   1. repealing it with or without replacing it by another law;
   2. modifying, varying, revising or altering it by amendment or otherwise;
   3. suspending its operation; or
   4. 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 functions.
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 responsibility 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 acting for and 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 exercise 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 Constitution 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-
    1. 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
    2. the word "includes" means "includes, but is not limited to".
15. In calculating time between 2 events for any purpose under this Constitution, if the time is expressed-
    1. as days, the day on which the first event occurs is to be excluded, and the day by which the last event may occur is to be included;
    2. as months, the time period ends at the beginning of the day in the relevant month-
       1. that has the same number as the date on which the period began, if that month has a corresponding date; or
       2. that is the last day of that month, in any other case; or
    3. 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.
16. If a period of time prescribed by this Constitution for any purpose is 6 days or less, Sundays and public holidays are not to be counted when calculating the time.
17. If, in any particular circumstance, the period of time prescribed by this Constitution ends on a Sunday or a public holiday, the period extends to the first subsequent day 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 authority 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 authority.
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 accordance with this Constitution.
21. The Schedule is a part of this Constitution, and every use of the expression "this Constitution" includes the Schedule.
22. Any person required under any law to take an oath or affirmation of allegiance and office must take the appropriate oath or affirmation set out in the Schedule.

164. Repeals

165. Office of the President

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 President 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 executive authority of Fiji and exercise all the powers (including making laws by Decree on the advice of Cabinet) vested in him or her under the Executive Authority of Fiji Decree 2009, until the first sitting of the first Parliament under this Constitution.
3. If any vacancy arises in the office of the President 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 Office of the Vice-President and Succession Decree 2009, until 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, unable 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.

166. Prime Minister and Ministers

1. Notwithstanding the repeal of the Executive Authority of Fiji Decree 2009, the Prime Minister and other Ministers appointed under the Executive Authority of Fiji Decree 2009 shall continue in office until a Prime Minister assumes office under section 93 of this Constitution.
2. The Prime Minister and other Ministers shall continue to exercise all the authority and powers vested in the Prime Minister and other Ministers under the Executive Authority of Fiji Decree 2009 until a Prime Minister assumes office under section 93 of this Constitution.
3. Notwithstanding its repeal and notwithstanding anything contained in this Constitution, the Executive Authority of Fiji Decree 2009 shall continue to be in force until 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 Constitution, until the first sitting of the first Parliament under this Constitution, subordinate laws shall be made in accordance with laws, rules and procedures applicable prior to the commencement of this Constitution.

167. Public or Constitutional officers

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 by this Constitution as if he or she had been appointed to do so in accordance with the provisions of this Constitution and shall be deemed to have taken any oath or affirmation required upon such appointment by any existing law.
2. The provision of this section shall be without prejudice to any power 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.
3. Notwithstanding anything contained in this Constitution, until the first sitting of the first Parliament elected under this Constitution, any function, power or duty that is conferred under this Constitution on the Constitutional Offices Commission shall be performed by the Prime Minister.
4. For the avoidance of doubt, the members of the Constitutional Offices Commission referred to in section 132(2)(d) and (e) shall only be appointed after the first sitting of the first Parliament elected under this Constitution, and the Constitution Offices Commission shall not hold any meeting until after the first sitting of the first Parliament elected under this Constitution.
5. Notwithstanding anything contained in this Constitution, sections 79(8), 108(2), 116(12), 117(13), 121(15), 127(8), 129(8), 130(8), 131(6) and 152(7) shall only take effect from 1 January 2014.

168. Finance

169. Functions of Parliament and Speaker

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 first sitting of the first Parliament under this Constitution, be performed by the Prime Minister.
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 shall, until the first sitting of the first Parliament under this Constitution, be performed by Cabinet.
3. Notwithstanding anything contained in this Constitution, until the first sitting of the first Parliament elected under this Constitution, any function, power or duty that is conferred under this Constitution on the Leader of the Opposition shall be performed by the Prime Minister.

170. Elections

1. Notwithstanding anything contained in Chapter 4 of this Constitution, the first general 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 general election must be held no later than 30 September 2014.
2. For the first general election of members of Parliament under this Constitution, the date on which such general election shall be held shall be publicly announced by the President at least 60 days before the date of the general election.
3. The writ for the first general election of members of Parliament under this Constitution shall be issued by the President on the advice of the Prime Minister, at least 44 days before the date of the general election.
4. For the first general election of members of Parliament under this Constitution, the last day for the receipt of a nomination of a candidate for election to Parliament shall be 30 days before the date of the general election.
5. Until such time the Electoral Commission or a Supervisor of Elections is appointed under this Constitution, the functions of the Electoral Commission or the Supervisor of Elections shall be performed by the Permanent Secretary responsible for elections.

171. Succession of institutions

1. An office or 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.

172. Preservation of rights and obligations

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. All permits, licences, rights or similar undertakings of the State issued to any person, and in force immediately before the commencement of this Constitution shall continue in the same terms from 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, shall 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 this 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 to in this Constitution.
5. Any complaint lodged with the Human Rights Commission established under the Human Rights Commission Decree 2009 but which had not been determined by the date of the commencement of this Constitution shall continue to be dealt with by the Human Rights and Anti-Discrimination Commission established under section 45 of this Constitution, provided however that any complaint made to the Human Rights and Anti-Discrimination Commission after 21 August 2013 must be limited to matters, events or incidents which occurred or occur after 21 August 2013, and the Human Rights and Anti-Discrimination Commission must not in any way deal with any complaint made to it after 21 August 2013 if the complaint relates to matters, events or incidents occurring before 21 August 2013.

173. Preservation of laws

1. Subject to subsection (2), all 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 force 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 anything contained in this Constitution, any Promulgation, Decree or Declaration (other than the laws referred to in Part C of this Chapter) and any subordinate laws made under any such Promulgation, Decree or Declaration-
   1. made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution; and
   2. which are in force and have not been repealed or replaced by another Promulgation, Decree or Declaration or by any subordinate laws made under any such Promulgation, Decree or Declaration (as the case may be),

   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) and any subordinate laws made under any such Promulgation, Decree or Declaration-
   1. made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution; and
   2. which are in force and have not been repealed or replaced by another Promulgation, Decree or Declaration or by any subordinate laws made under any such Promulgation, Decree or Declaration (as the case may be),

   may be amended by Parliament after the commencement of this Constitution, provided however that no such amendment shall-

   1. have any retrospective effect;
   2. in any way nullify any decision made under these laws; or
   3. grant any compensation, damages, relief, remedy or reparation to any person affected by these laws.
4. Notwithstanding anything contained in this Constitution, no court or tribunal (including any court or tribunal established or continued in existence by the Constitution) shall have the jurisdiction to accept, hear, determine, or in any other way entertain, or to grant any order, relief or remedy, in any proceeding of any nature whatsoever which seeks or purports to challenge or question-
   1. the validity or legality of any Promulgation, Decree or Declaration, and any subordinate laws made under any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution;
   2. the constitutionality of any Promulgation, Decree or Declaration, and any subordinate laws made under any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution;
   3. any Promulgation, Decree or Declaration, and any subordinate laws made under any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution, for being inconsistent with any provision of this Constitution, including any provision of Chapter 2 of this Constitution; or
   4. any decision made or authorised, or any action taken, or any decision which may be made or authorised, or any action which may be taken, under any Promulgation, Decree or Declaration, and any subordinate laws made under any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution, except as may be provided in or authorised by any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution.
5. Notwithstanding anything contained in this Constitution, despite the repeal of the Administration of Justice Decree 2009, subsections (3), (4), (5), (6) and (7) of section 5 of the Administration of Justice Decree 2009 shall continue to apply to any Promulgation, Decree or Declaration, and any subordinate laws made under any such Promulgation, Decree or Declaration (including any provision of any such laws), made or as may be made between 5 December 2006 until the first sitting of the first Parliament under this Constitution.
6. 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 or pursuant to this Constitution.

174. Judicial proceedings

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 2009 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 Constitution, sections 23, 23A, 23B, 23C, and 23D of the Administration of Justice Decree 2009 shall continue in force and shall not be amended, revised, altered or repealed, and the courts established by, or continued in existence under, this Constitution shall not have jurisdiction to-
   1. accept, hear or determine any matter for which the jurisdiction of the courts is excluded under the Administration of Justice Decree 2009 or under any Promulgation, Decree, Declaration or under any other written law; or
   2. accept, hear or determine any proceeding which had been terminated under the Administration of Justice Decree 2009 or under any Promulgation, Decree, Declaration or under any other written law.