Fiji’s new order
pp. 12-13 · Read in the full issue
Some features of Fiji’s new Constitution which was promulgated by the President, Ratu Sir Penaia Ganilau, on July 25.
The Great Council Of Chiefs
It derives its authority from the status of its members associated with their chiefly lineage. The Great Council of Chiefs will appoint the President for a five-year term, and select 24 Fijians for appointment as Senators.
Ithe President
Will be appointed by the Great Council of Chiefs for a five-year term. A Presidential Council will advise the Presi dent on any matters of national importance. The President will have executive authority. Parliament and the President can be conferred with special powers to introduce legisla tion to deal with emergency situations and acts of subver sion that threaten Fiji.
Elections
Voting, based on universal suffrage for all citizens over 21 years, is communal. In general elections, there will be 32 provincial seats for Fijians from 14 constituencies and 5 urban Fijian constituencies. There are 27 Indian constituen cies, 1 for Rotumans, and 5 for other races. An independent boundaries commission will determine constituency bound aries and an independent supervisor of elections will super vise and administer elections. Elections are to be held every 5 years.
The Senate
It will have 34 members; 24 Fijians selected by the Great Council of Chiefs, 1 Rotuman appointed on the advice of the Rotuman Council, 9 members appointed from other groups, with particular regard to minority communities. The Senate will play an important role in the protection of Fijian interests, especially in any votes to amend, alter, or repeal any provision affecting Fijians, their customs, land and tradition.
House Of Repres Entativ Es
The House of Representatives is the principal law-making body, with the Senate. The Senate is also a House of Review, with some powers to initiate legislation, although there are a number of limitations placed on it in relation to financial legislation. The Speaker and Deputy Speaker of the House of Representatives will be elected from outside the membership of the House by members of the House.
Cabinet
Cabinet comprises the Prime Minister, the Attorney- General, the minister responsible for defence and security and any other ministers. Ministers and the Attorney-General are selected by the Prime Minister from either the House of Representatives or the Senate.
|The Judiciary
The independent judiciary comprises the High Court, Fiji Court of Appeal and Supreme Court. Constitutional func tions are assigned to the courts, especially the High Court and the Supreme Court. The Constitution provides for the
enactment of provisions for the application of laws, includ ing customary laws. It declares as final and conclusive deci sions of the Native Lands Commission relating to Fijian customs, traditions and usage, and on disputes over the headship of any division or subdivision of the Fijian people with the customary right to occupy and use any native lands. It provides for the establishment of Fijian courts.
[Citizenship
Any person who was a citizen of Fiji on October 6, 1987, remains a citizen. Citizenship may be acquired by birth, descent, registration or naturalisation. There are provisions for the avoidance of dual citizenship. Parliament is empo wered to make provision for the deprivation of a person’s citizenship and for the renunciation by any person of citizenship.
Positive Discrimination
The Constitution establishes a Judicial and Legal Services Commission, Police Service Commission and Public Service Commission. The Judicial and Legal Services Commission and the Public Service Commission are to ensure that no less than 50 per cent of appointments are for Fijians and Rotumans. There are provisions for exceptions where others may be appointed.
Immunity
The Constitution guarantees immunity from civil or cri minal proceedings to members of the Fiji Military Forces, the police and the prisons service and others who assisted the leader of the two military coups of 1987 and the Fiji military government to December 5, 1987.