Ministerial involvement in the appointment and administration of Fiji’s Commissioner of Police has been retained in the Constitution (Amendment) Bill 2026, despite the Constitution Review Commission recommending changes aimed at strengthening the independence of constitutional appointments.
The CRC report was tabled in Parliament on September 22, while Cabinet subsequently said it had considered the Commission’s recommendations and endorsed its own positions for the Constitution Bill. Cabinet had earlier stressed that tabling the CRC report did not amount to accepting all its recommendations.
Under section 149 of the Bill tabled by Prime Minister Sitiveni Rabuka, the Commissioner of Police would be appointed by the President on the advice of the Constitutional Offices Commission following consultation with the Minister responsible for the Fiji Police Force.
The Minister would also retain the power to issue “general policy directions” to the Police Commissioner, who would be required to act in accordance with those directions.
While the Commissioner would be responsible for the organisation, administration, deployment and operational control of the Fiji Police Force, the Bill also requires the Minister’s agreement when determining employment matters for Police staff.
These include terms and conditions of employment, qualification requirements and recruitment processes, salaries and allowances, and the overall staffing establishment.
The Commissioner would, however, retain powers to appoint and remove Police personnel and take disciplinary action.
The provisions show that while the Bill provides operational autonomy to the Commissioner in specified areas, ministerial involvement remains embedded in the appointment process, general policy direction and employment-related decisions.
Cabinet has said the Constitution Bill reflects the Government’s endorsed positions following consideration of the CRC recommendations, rather than automatic adoption of the Commission’s draft.
