The Mercy Commission has revealed the appointment of three new members alongside the reappointment of Resident Magistrate Charles Ratakele for an additional three years. The new members of the Commission 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, while the other four members are appointed by the President based on recommendations from the Judicial Services Commission, following discussions with the Attorney-General’s Office.
The Commission noted that the previous members’ terms ended on June 1, 2024, prompting the advertisement of the vacant positions in daily newspapers during May. Magistrate Ratakele was the only member from the previous term, which began in April 2024 and lasts three years.
A breakdown of petitions and mercy granted by year shows the following figures: in 2024, there were 21 petitions with seven granted mercy; in 2023, all 14 petitions received mercy; in 2022, three petitions resulted in three grants of mercy; in 2020, 18 petitions led to three grants; in 2019, nine out of 13 petitions were granted mercy; and in 2011, eight of ten petitions received mercy.
At present, Fiji lacks explicit laws to implement Section 119 of the Constitution, which places the onus on the Mercy Commission to review petitions within the general guidelines of the Constitution. It is anticipated that Parliament may need to create comprehensive regulations regarding the factors the Commission should consider in its decision-making process.
The concept of royal mercy, from which Fiji’s legal framework is derived, aims to soften the strictness that may emerge from the broad application of criminal laws.