The structural vulnerabilities within the separation of powers established by Fiji’s 2013 Constitution were brought to light during the 26th A-G’s Conference held at the Sheraton Fiji Resort and Spa in Nadi. Constitutional expert Jon Apted addressed the gathering and expressed concerns regarding the dilution of critical mechanisms designed to uphold the independence of the judiciary and public service.
Apted outlined that previous constitutions effectively maintained a clear separation between the executive, legislature, and judiciary. He noted that in earlier frameworks, the Public Service Commission (PSC) had a more autonomous role in the appointment of civil servants, thereby providing job security irrespective of political transitions and fostering a professional, apolitical civil service.
In contrast, he highlighted that the current Constitution consolidates considerable power within political leadership, stating, “The Public Service Commission now only appoints permanent secretaries, who subsequently appoint civil servants. This undermines guaranteed independence for ministry staff, as their stability is tied to politically influenced decisions made by permanent secretaries.”
Apted also raised concerns regarding the independence of the judiciary, pointing to potential conflicts in the structure of the Judicial Services Commission (JSC), which is tasked with overseeing major judicial appointments. Although the JSC’s framework seems independent, its composition, heavily influenced by the Chief Justice—who is appointed by the Prime Minister—suggests significant executive pressure over judicial integrity.
Furthermore, the Conference revealed that the Commission on Constitutional Review (COC), ruled by political figures, including the Prime Minister and Attorney-General, blends political motivations with appointment decisions, which consequently obscures the notion of judicial independence. Apted emphasized the urgent need to address these structural challenges to foster democracy, limited power, and effective governance; however, he acknowledged that reform remains complicated due to the stringent provisions for constitutional amendments.
Apted concluded by cautioning against the idealization of past constitutions, noting that while the 1997 Constitution had stronger safeguards, it too was not devoid of its own issues, as seen in the political upheavals of 2000 and 2006.
This discussion is crucial as it highlights the ongoing challenges facing governance in Fiji. Engaging in dialogue on these issues could lead to a renewed focus on reform, with the potential for a more balanced and independent political structure in the future. Positive changes may stem from these evaluations, fostering a healthier democratic environment in Fiji.
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