The recent discussions at the 26th Attorney-General’s Conference emphasized the structural weaknesses within Fiji’s 2013 Constitution regarding the separation of powers. Constitutional expert Jon Apted presented his insights at the event held at the Sheraton Fiji Resort and Spa in Nadi.
He pointed out that the mechanisms designed to safeguard the independence of the judiciary and public service, which were more robust in previous constitutions, have been significantly weakened. Apted noted that earlier constitutions maintained a clear division among the executive, legislature, and judiciary, particularly highlighting the role of the Public Service Commission (PSC) in independently appointing civil servants. This system provided a stable and professional civil service, insulated from political shifts.
In contrast, the current Constitution grants extensive powers to political leaders, limiting the PSC’s role to appointing only permanent secretaries. These appointees then hire civil servants, leaving their positions vulnerable to political influence. Apted stressed that this change compromises the independence of public servants.
Concerns were also raised about the judiciary’s independence, particularly regarding judicial appointments. While the Judicial Services Commission (JSC) appears independent, its oversight includes members who are appointed based on the Chief Justice’s recommendations—individuals who themselves are appointed by the Prime Minister after discussions with the Attorney-General. This connection raises questions about the impartiality of the judiciary, as significant executive influence permeates judicial appointments.
Apted called for a thoughtful reassessment of these structural challenges to promote democracy, restrained governance, and effective leadership. However, he cautioned that reform may be complicated by the strict amendment processes outlined in the Constitution.
While acknowledging that the past constitutions, like the 1997 Constitution, had their shortcomings, he reminded attendees that they also provided stronger safeguards against political crises, as seen in 2000 and 2006.
In summary, Apted’s insights at the conference highlight the critical need to examine and address the structural issues within Fiji’s 2013 Constitution to enhance the democratic framework and ensure a balanced distribution of power. This ongoing dialogue presents an opportunity for stakeholders to advocate for reforms that could strengthen governance and promote justice in the long term, reinforcing hope for a more equitable political landscape in Fiji.
Overall, the discussions at the Attorney-General’s Conference serve as a starting point for potential reforms, inviting a collective effort towards a more balanced and independent governmental framework in Fiji.
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