At the recent 26th Attoney-General’s Conference held at the Sheraton Fiji Resort and Spa in Nadi, constitutional expert Jon Apted addressed the structural issues in the separation of powers outlined in Fiji’s 2013 Constitution. He emphasized that important mechanisms meant to ensure the independence of the judiciary and the public service have been compromised compared to previous constitutions.
Apted explained that prior frameworks allowed for a clear division of responsibilities among the executive, legislature, and judiciary. For example, the Public Service Commission (PSC) previously had the authority to appoint civil servants independently, ensuring job security unaffected by political shifts. This arrangement contributed to maintaining a neutral and professional civil service.
In contrast, the current Constitution concentrates power among political leaders. Now, the PSC only appoints permanent secretaries who then hire civil servants. This change diminishes the independence of ministry staff since their employment is tied to the decisions of politically-appointed permanent secretaries.
Apted also raised concerns regarding judicial independence. While the Judicial Services Commission (JSC) appears to function autonomously, its membership, which includes key judicial leaders, is often influenced by the Prime Minister’s consultations. Consequently, this intertwining of political influence and judicial appointments risks eroding the principles essential for a healthy democracy.
Additionally, the current Commission of Constitution (COC), predominantly comprised of political figures, brings into question the integrity of its decisions which are inherently political in nature. Apted asserted the need for addressing these structural shortcomings to foster democracy, limit power, and enhance governance. However, he highlighted that amending the Constitution poses significant challenges due to its rigid amendment requirements.
Mr. Apted also cautioned against romanticizing previous constitutional frameworks, acknowledging that while the 1997 Constitution had robust safeguards, it was not without its own issues, as reflected in the political upheavals of 2000 and 2006.
This discussion serves as a vital reminder of the importance of maintaining a balanced governmental structure that upholds the principles of democracy and accountability. As Fiji navigates these complexities, it might emerge with a stronger legal framework that better serves its citizens and promotes stability in governance.
In summary, the dialogue encourages reflection on past and present constitutions, aiming for reforms that secure independence among branches of government while learning from historical mistakes.
Leave a comment