The Constitution (Amendment) Bill 2026 retains key immunity provisions covering events surrounding the 2006 takeover and the government that followed, including protections described in the Bill as “absolute and unconditional.”
Under Chapter 14 of the Bill, immunity granted under the 1990 Constitution would continue, while protections provided under the Limitation of Liability for Prescribed Political Events Act 2010 would also remain in force.
The Bill states that the 2010 Act cannot be “reviewed, amended, altered, repealed or revoked by Parliament.”
Section 206 provides further immunity to people who held specified offices, including the President, Prime Minister and Cabinet Ministers, members of the Republic of Fiji Military Forces, Police, Corrections, Judiciary, public service and other public offices.
“Absolute and unconditional immunity is irrevocably granted to any person” covered by the provision, the Bill states.
The protection covers criminal prosecution and civil or other liability arising from direct or indirect participation, appointment or involvement in government from December 5, 2006 until the first sitting of the first Parliament elected after the commencement of the 2013 Constitution.
However, the provision contains exceptions for specified offences under sections of the Crimes Act 2009.
The immunity provisions themselves would remain entrenched.
The Bill states that Chapter 14 and the immunity granted or continued under it “shall not be reviewed, amended, altered, repealed or revoked.”
It also proposes retaining the restriction preventing courts or tribunals from hearing challenges against the immunity provisions.
The Bill further states that the State would not be required to pay compensation for damage, injury or property loss resulting from conduct for which immunity has been granted.
