The Fiji Council of Social Services has called for the Constitution to formally provide for the appointment of a Vice President to perform the functions of the Head of State in the President’s absence, arguing the move would strengthen the separation of powers and protect judicial independence.
Speaking before the Constitution Review Commission last month, FCOSS vice president Mr Laitia Rika said a clear distinction between the executive and judiciary was essential for a healthy democracy.
In its submission, FCOSS advocated for reforms that would prevent the Chief Justice from assuming presidential functions when the President is absent.
“To uphold the separation of powers and protect the independence of the Judiciary, FCOSS recommends that the Constitution establish a clause for the appointment of a Vice President to perform functions in the President’s absence and not the Chief Justice,” Mr Rika stated.
FCOSS argued the current arrangement risked creating conflicts of interest and blurred the constitutional boundaries between the executive and judicial branches of government.
“Currently, when the Chief Justice steps into a presidential role, it creates potential conflicts of interest and blurs the lines between the executive and judicial branches,” the organisation said.
“By restoring the office of the Vice President, we maintain the integrity of both branches and ensure that our most senior judge remains focused solely on the administration of justice.”
The organisation said the recommendation drew from provisions contained in Fiji’s 1997 Constitution and was aimed at reinforcing democratic governance.
FCOSS said the reform would help ensure Fiji’s democratic institutions remained “robust, independent, and free from any appearance of overlap or interference”.
The submission forms part of ongoing consultations being conducted by the Constitution Review Commission on proposed constitutional reforms and governance structures.
