Fiji’s Constitution Review Commission has recommended that appointments involving the Judicial Services Commission (JSC) be made without consultation with the Attorney-General, as part of proposed reforms aimed at strengthening judicial independence.
The recommendation is contained in the Commission’s proposed changes to Chapter 5 of the 2013 Constitution dealing with the judiciary.
The Commission recommends that the JSC appointment process be reformed to ensure “broad representation, judicial wisdom and legal expertise”.
Significantly, it proposes to “ensure JSC appointments across the board are made without consultation with the Attorney-General for judicial independence”.
The proposal would alter the Attorney-General’s involvement under the existing constitutional framework. Section 104 of the 2013 Constitution provides for the Judicial Services Commission, while several judicial and related appointments involve consultation between the JSC and the Attorney-General.
The Commission has also proposed greater flexibility in the JSC’s membership to address potential conflicts of interest, including through nominees from the Chief Justice and the President of the Court of Appeal.
Its recommendations would further separate the Attorney-General’s political and legal functions.
Under the proposed arrangement, responsibility for serving as the Government’s “independent legal adviser” would be vested in the Solicitor-General, while the Attorney-General would have a ministerial and policy role.
The Solicitor-General would continue to be appointed as a judicial office through the JSC.
Other proposed judicial reforms include changes to judicial retirement ages, the establishment of a Director of Military Prosecutions and the creation of a Military Court equivalent in status to the High Court.
The recommendations remain proposals of the Constitution Review Commission and would require constitutional changes before they could take effect.
