Fiji’s proposed 2026 Draft Constitution sets out a detailed process under which a President could be suspended and ultimately removed from office on medical grounds if unable to perform the functions of the presidency.
The process would begin with Parliament passing a resolution at a joint sitting of the House of Representatives and Senate, supported by at least two-thirds of the members of both Houses.
Once the resolution is passed, the Speaker would appoint a three-member tribunal of appropriately qualified medical practitioners to assess the President’s capacity.
One practitioner would be selected by the President, or the President’s personal representative or family member; a second by the body regulating Fiji’s medical profession; and the third jointly by the first two tribunal members.
During the investigation, the President would be suspended from exercising presidential functions and powers, with the Speaker authorised to perform the functions of President until the matter is resolved.
At least two members of the medical tribunal would have to agree on its finding.
The tribunal could reach one of three conclusions: that the President is able to perform the functions of office, in which case the suspension ends; that the President is currently unable to perform the functions but is more likely than not to recover within four months, in which case the suspension continues; or that the President is unable to perform the functions and is unlikely to recover within four months, resulting in removal from office for incapacity.
Where recovery within four months is considered likely, the President could return earlier if at least two tribunal members certify that sufficient capacity has been recovered.
If the President remains suspended at the end of four months, the Speaker must request a fresh tribunal report.
Under the Draft Constitution, if incapacity continues at that stage, the President would be removed from office regardless of the prospect of subsequently recovering.
The proposed procedure forms part of the Draft Constitution released with the Constitution Review Report and remains a proposal rather than current law.
