The Constitution Review Commission has recommended that the Fiji Independent Commission Against Corruption (FICAC) lose its prosecutorial powers, with authority to prosecute corruption cases vested exclusively in the Director of Public Prosecutions (DPP).
The Commission proposes separating the investigation and prosecution of corruption cases, arguing that independent anti-corruption bodies should not exercise both functions.
“Independent anti-corruption bodies must not hold prosecutorial powers,” the report states, adding that “to preserve the rule of law and prevent abuse, the authority to prosecute must remain exclusively with the DPP”.
Under the proposed framework, FICAC would retain investigative powers only, requiring amendments to Section 115 of the Constitution.
The Commission said submissions raised concerns about FICAC’s independence, potential “weaponisation”, overlap with institutions and functions that existed before the 2013 Constitution, and what submitters viewed as resulting confusion and erosion of public trust.
It also considered concerns about FICAC’s reporting and accountability arrangements involving the Attorney-General.
The Commission has proposed a possible further division of investigative responsibilities.
Under that model, State-related corruption and maladministration could be investigated by a re-established Ombudsman, while FICAC would investigate non-State corruption and maladministration.
Regardless of which body conducted the investigation, the DPP would have exclusive authority to prosecute.
The Commission has also recommended changing how the FICAC Commissioner is appointed.
It proposes that the Commissioner be appointed by the Judicial Services Commission, consistent with its broader recommendation to remove the Attorney-General from consultation in certain judicial and independent-office appointments.
The proposals form part of wider recommendations aimed at restructuring independent constitutional institutions, separating investigative and prosecutorial functions and reducing the potential for political interference.
The recommendations remain proposals of the Constitution Review Commission and would require constitutional and legislative changes before taking effect.
