Fiji's Legal System at a Crossroads: The Dilemma of Legislative Drafting

Fiji’s Legal System at a Crossroads: The Dilemma of Legislative Drafting

Fiji is currently experiencing a significant shortage of specialist legislative drafters, which is hindering the review and amendment of outdated laws. During a recent media briefing, Attorney-General Graham Leung highlighted that there is no specific timeline for reviewing legislation approved by the Cabinet. He mentioned that his office has identified around 40 laws requiring either review or amendment.

Leung explained that many of these laws, some of which date back to before Fiji’s independence in 1970, reflect outdated colonial statutes. He emphasized the importance of legal reform, noting that societal needs change over time, which necessitates ongoing reviews of laws in all countries. He pointed out that Fiji’s capacity for legal drafting is limited, with only two senior and a couple of junior drafters available to manage this extensive task.

Notably, Leung drew parallels between legal drafting and other specialized professions, stating that not every lawyer possesses the training or qualifications required to be an effective legislative drafter. He indicated that this issue is not unique to Fiji but is a global concern, as many countries also face similar shortages in legal specialists.

The need for resource allocation and enhanced funding has been echoed by independent MP Faiyaz Koya, who has called for increased support for the Attorney-General’s Office. This could lead to improved legal frameworks that align with international standards, ultimately benefiting Fiji’s governance and its citizens.

This ongoing situation presents a challenge but also an opportunity for the government and stakeholders to invest in enhancing the capacity of the legal sector. By addressing staffing and resources, Fiji could work towards a more effective legal system that upholds justice and promotes good governance.

As the legal landscape evolves, there is hope that strategic investments in legal expertise will pave the way for a stronger, more responsive legal framework in Fiji.


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