Fiji 2013 Constitution - Page 5 of 14

Table of Contents

CHAPTER 4. THE EXECUTIVE

Part A. THE PRESIDENT

81. The President of Fiji

This section establishes the office of the President.
The President is the Head of State, and the executive authority of the State is vested in the President.
The President shall perform the ceremonial functions and responsibilities as the Commander-in-Chief of the Republic of Fiji Military Forces.
The President shall open each annual session of Parliament with an address outlining the policies and programmes of the Government.

82. President acts on advice

In the exercise of his or her powers and executive authority, the President acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by this Constitution for a particular purpose as the body or authority on whose advice the President acts in that case.

83. Qualification for appointment

A person shall not be qualified to be nominated for the office of the President unless he or she-
1. has had a distinguished career in any aspect of national or international life, whether in the public or private sector;
2. holds only a Fijian citizenship;
3. is not a member of, or holds any office in, any political party;
4. is not a candidate for election to any other office in the State; and
5. has not, at any time during the 6 years immediately before being nominated, been convicted of any offence under any law.
A person holding a public office is not required to resign from that office before accepting nomination for President, but the appointment of the person as the President has the effect of terminating his or her service in that office.
Nothing in this section prevents the President from holding a public office, by virtue of his or her appointment as the President, under any written law.

84. Appointment of President

The President shall be appointed by Parliament in accordance with this section.
Whenever a vacancy arises in the office of the President, the Prime Minister and the Leader of the Opposition shall nominate one name each to the Speaker who shall put both the names to the floor of Parliament for voting by the members of Parliament.
The person who receives the support of the majority of the members of Parliament present shall be appointed as the President, and the Speaker shall publicly announce the name of the President.
In the event that both persons nominated receive the same number of votes, the Speaker shall conduct the voting again after 24 hours, and voting shall continue until such time a person nominated as the President receives the support of the majority of the members of Parliament, provided however that if after 3 rounds of voting, no person receives the support of the majority of the members of Parliament, then the person nominated by the Prime Minister shall be announced by the Speaker as being appointed as the President by Parliament.
If the Prime Minister and the Leader of the Opposition nominate the same person, then no voting shall take place and the Speaker shall publicly announce that person as being appointed as the President by Parliament.

85. Term of office and remuneration

The President holds office for 3 years, and is eligible for re-appointment for one further term of 3 years, but is not eligible for re-appointment after that.
For the purposes of subsection (1), in determining whether a person is eligible for appointment or re-appointment, any period served before the commencement of this Constitution shall be taken into account.
The President shall receive such remuneration, allowances and other benefits, as prescribed by a written law made under section 80.

86. Oath of office

Before taking office, the President must take before the Chief Justice the oath or affirmation of allegiance and office as set out in the Schedule in a public ceremony.

87. Resignation

The President may resign from office by delivering a written notice of resignation to the Prime Minister who shall table the notice in Parliament.

88. Chief Justice to perform functions in absence of President

If the President is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of the President or if the office of the President becomes vacant for any reason, then the functions of the office of the President shall be performed by the Chief Justice.

89. Removal from office

The President may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed.
Removal of the President from office must only be done pursuant to this section.
If the Prime Minister considers that the question of removing the President from office ought to be investigated, then-
1. the Prime Minister shall request the Chief Justice to establish-
  1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and 2 other members each of whom is, or is eligible to be, a Judge; or
  2. in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner,
  and the Prime Minister shall notify the President of the request;
2. the Chief Justice, who must act on the request, shall establish the tribunal or medical board, as the case may be; and
3. the tribunal or medical board shall enquire into the matter and furnish a written report, including its advice on whether the President should be removed from office, to the Chief Justice, who shall refer the report to the Prime Minister for tabling in Parliament.
In deciding whether to remove the President from office, Parliament must act in accordance with the advice given by the tribunal or the medical board, as the case may be.
The President is taken to be unable to perform the functions of his or her office during the period starting on the day on which the President receives notification under subsection (3)(a) and ending on the day a decision is made under subsection (4).
The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public.

Part B. CABINET

90. Responsible Government

Governments must have the confidence of Parliament.

91. Cabinet

Cabinet consists of the Prime Minister as chairperson, and such number of Ministers as determined by the Prime Minister.
Cabinet members are accountable individually and collectively to Parliament, for the exercise of their powers and the performance of their functions.
A Minister must appear before Parliament, or a committee of Parliament, when required, and answer any question concerning a matter for which the Minister is responsible.
Cabinet members must provide Parliament with full and regular reports concerning matters for which they are responsible.
Cabinet may seek an opinion from the Supreme Court on any matter concerning the interpretation or application of this Constitution.

92. Office of the Prime Minister

The Prime Minister is the head of the Government.
The Prime Minister shall keep the President generally informed about the issues relating to the governance of Fiji.
The Prime Minister-
1. appoints Ministers with such titles, portfolios and responsibilities as the Prime Minister determines from time to time;
2. dismisses Ministers; and
3. by notice published in the Gazette, assigns to any Minister or to himself or herself responsibility for the conduct of a specified part of the business of the Government, including responsibility for the general direction and control over a branch or branches of the public service or over a disciplined force and responsibility for the implementation and administration of each Act, provided however that the responsibility for any part of the business of Government that is not specifically assigned shall remain with the Prime Minister.
The Prime Minister shall appoint a Minister to act in the office of the Prime Minister during any period, or during all periods, when the Prime Minister is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office, and a notification of the appointment of the Acting Prime Minister must be published in the Gazette.

93. Appointment of Prime Minister

The Prime Minister must be a member of Parliament.
After a general election, the member elected to Parliament who is the leader of one political party which has won more than 50% of the total number of seats in Parliament assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule.
After a general election, if no one political party has won more than 50% of the total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker must call for nominations from members of Parliament and, if only one person is nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; but if more than one person is nominated and seconded, the Speaker must conduct a vote, as follows-
1. if after the first vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule;
2. if after the first vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule;
3. if after the second vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; and
4. if after the third vote, no person receives the support of more than 50% of the members of Parliament, the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with this Constitution.
A vacancy arises if the Prime Minister-
1. resigns, by written notice to the President;
2. ceases to be, or ceases to qualify to be, a member of Parliament; or
3. dies.
If a vacancy arises in the office of the Prime Minister under subsection (4), then the Speaker shall immediately convene Parliament and call for nominations from members of Parliament for the office of the Prime Minister and, if only one person is nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule, but if more than one person is nominated and seconded, the Speaker must conduct a vote, as follows-
1. if after the first vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule;
2. if after the first vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule;
3. if after the second vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer) as set out in the Schedule; and
4. if after the third vote, no person receives the support of more than 50% of the members of Parliament, the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with this Constitution.
The Prime Minister shall serve for the full term of Parliament, unless dismissed in a motion of no confidence under section 94, and shall not be otherwise dismissed.
The Prime Minister and other Ministers continue in office until the next Prime Minister assumes office after a general election in accordance with this section.

94. Motion of no confidence

The Prime Minister may only be dismissed by a motion of no confidence, which must also propose the name of another member of Parliament to be the Prime Minister.
A motion of no confidence must be called for a vote within 24 hours of it being introduced.
A motion of no confidence passes if it is supported by at least a majority of the members of Parliament further motion of no confidence may be introduced against him or her for at least 6
If a motion of no confidence passes-
1. the incumbent Prime Minister immediately ceases to hold office;
2. every other member of Cabinet is deemed to have resigned; and
3. the person proposed to be the Prime Minister, in the motion, assumes that office immediately upon being sworn in by the President.
If a motion of no confidence fails against the incumbent Prime Minister, no months.

95. Appointment of Ministers

Subject to section 96(3), a Minister must be a member of Parliament.
Each member of Cabinet assumes office by taking the oath or affirmation of allegiance and office set out in the Schedule, as administered by the President.
Each Minister continues in office unless he or she-
1. is removed by the Prime Minister;
2. ceases to be, or ceases to qualify to be, a member of Parliament; or
3. resigns by delivering a written notice of resignation to the Prime Minister.
The Prime Minister may appoint a Minister to act in the office of another Minister during any period, or during all periods, when the other Minister is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office, and a notification of the appointment of an Acting Minister must be published in the Gazette.

96. Attorney-General

The Minister appointed as the Attorney-General is the chief legal adviser to the Government.
A person is not qualified to be appointed as the Attorney-General unless he or she-
1. is admitted as a legal practitioner in Fiji and has had not less than 15 years post-admission practice as a legal practitioner whether in Fiji or abroad; and
2. has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.
If the Prime Minister considers that there are no members of Parliament who-
1. belong to the Prime Minister’s political party;
2. belong to any political party in coalition with the Prime Minister’s political party; or
3. are independent candidates who support the Prime Minister,
who are qualified, suitable or available to be appointed as the Attorney-General, then the Prime Minister may appoint a person who is not a member of Parliament as the Attorney-General if that person-
1. is a legal practitioner who is qualified to be appointed as the Attorney-General under subsection (2); and
2. is qualified to be a candidate for election to Parliament under section 56.
A person appointed as the Attorney-General under subsection (3) shall be entitled to take part in Cabinet as a Minister, and to sit in Parliament, provided however that he or she shall not be eligible to vote in Parliament.
Any person appointed as the Attorney-General must not, during the term of his or her appointment as the Attorney-General, practice as a legal practitioner in a law firm or have any interest in a law firm or have any law firm practice under his or her name.
The Prime Minister may appoint a Minister or a member of Parliament or another person (in accordance with subsection (3)) who is qualified to be appointed as the Attorney-General to act as the Attorney-General during any period, or during all periods, when the Attorney-General is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office, and a notification of the acting appointment must be published in the Gazette.
Subsection (5) does not apply to any person appointed to act as the Attorney-General under subsection (6).