The Mercy Commission has announced the appointment of three new members and the extension of Resident Magistrate Charles Ratakele’s term for an additional three years. The new appointees are Penijamini Lomaloma, Dr. Odille Chang, and Nirmala Nambiar.
According to Section 119(2) of the Constitution, Attorney-General Graham Leung serves as the Chairperson of the Commission. The President appoints the other four members based on the advice of the Judicial Services Commission (JSC) after consulting with the Office of the Attorney-General.
The Commission noted that the terms of the previous Commissioners expired on June 1, 2024, and the vacant positions were advertised in local newspapers during May. Magistrate Ratakele was the only member from the prior term that began in April 2024, which lasts for three years.
A summary of petitions and mercy granted by year is as follows:
– 2024: 21 petitions submitted, with seven granted mercy
– 2023: 14 petitions submitted, all 14 granted mercy
– 2022: three petitions submitted, all three granted mercy
– 2020: 18 petitions submitted, with three granted mercy
– 2019: 13 petitions submitted, with nine granted mercy
– 2011: 10 petitions submitted, with eight granted mercy
Currently, Fiji lacks specific laws to enforce Section 119 of the Constitution, leading the Mercy Commission to evaluate petitions within broad constitutional parameters. There may be a need for Parliament to establish more detailed guidelines regarding the factors the Commission should consider in its decision-making process.
The concept of mercy in Fijian law is influenced by the ancient English prerogative of mercy, intended to mitigate the potential harshness of uniformly applied criminal laws.