THE Constitutional Offices Commission (COC) should be restructured to make it more independent from political influence, according to the Constitution Review Commission.
The recommendation follows submissions questioning the current composition of the COC and its ability to independently oversee the appointment, integrity and accountability of constitutional office holders.
The commission said submitters had criticised the existing composition as politically compromised and considered alternative models based on Fiji’s previous constitutional arrangements.
Under the proposed model, the COC would have five members, with one serving as chairperson.
Its members would be appointed by the President on the advice of a new Constitutional Offices Commission Appointments Committee.
The proposed appointments committee would consist of the Executive Director of the Fiji Council of Social Services, the Vice-Chancellor of the University of the South Pacific and the President of the Fiji Medical Association.
A minority of commissioners proposed an alternative model involving representatives from Fiji’s three major universities, the Fiji Council of Social Services and the Fiji Law Society.
The commission said the changes are intended to allow the COC to appoint and oversee independent bodies and key State offices without interference.
Under the proposed constitutional provisions, COC members would have to meet requirements including having a distinguished career, a record of public service, and no current political party membership.
They also could not have held political party office or been an election candidate within the previous eight years.
The proposed COC would have broader responsibilities, including overseeing independence and accountability measures for other independent commissions and offices, appointing members to independent bodies, reviewing the conduct of State officers and initiating disciplinary or removal processes where required.
The commission also recommends bringing the currently scattered disciplinary and removal provisions into a single constitutional schedule, creating standardised procedures for appointments, discipline and removal.
The proposed framework would also require independent commissions and offices to operate free from direction or control, with adequate funding and control over their own budgets.
