Constitution

Fiji 2013 Constitution

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Table of Contents

CHAPTER 6. STATE SERVICES

Part A. PUBLIC SERVICE

123. Values and principles

The values and principles of State service include-

  1. high standards of professionalism, including professional ethics and integrity;
  2. prompt and faithful implementation of Government policies and administration of laws;
  3. being free from corruption;
  4. efficient, effective and economic use of public resources;
  5. prompt response to requests and questions from the public, and delivery of service to the public, in a manner that is respectful, effective, impartial, fair, and equitable;
  6. accountability for administrative conduct;
  7. transparency, including-
    1. timely, accurate disclosure of information to the public; and
    2. prompt, complete and candid reporting to Parliament, as required by law;
  8. cultivation of good human resource management and career development practices, to maximise human potential; and
  9. recruitment and promotion based on-
    1. objectivity, impartiality and fair competition; and
    2. ability, education, experience and other characteristics of merit.

124. Public officers must be citizens

A person or authority exercising power to appoint a person to a public office (other than an office for which Chapter 5 makes provision) must not appoint a person who is not a citizen except with the approval of the Prime Minister.

125. Public Service Commission

  1. The Public Service Commission established under the State Services Decree 2009 continues in existence.
  2. The Public Service Commission consists of-
    1. a chairperson; and
    2. not less than 3 and not more than 5 other members,

    appointed by the President on the advice of the Constitutional Offices Commission.

  3. If the position of the chairperson of the Public Service Commission is vacant or the chairperson is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office, the President may, on the advice of the Constitutional Offices Commission, appoint a person to act as the chairperson of the Public Service Commission.
  4. The President may, on the advice of the Constitutional Offices Commission, appoint a person to act as a member of the Public Service Commission during any period, or during all periods, when the member is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office.

126. Functions of the Public Service Commission

  1. Subject to this section and other sections of this Constitution, the Public Service Commission has the following functions-
    1. to appoint permanent secretaries, with the agreement of the Prime Minister;
    2. to remove permanent secretaries, with the agreement of the Prime Minister;
    3. to institute disciplinary action against permanent secretaries; and
    4. to make such other appointments and perform such other duties, functions and responsibilities as may be prescribed by written law.
  2. The functions of the Public Service Commission do not extend to-
    1. an office of a Judge or an office that is the responsibility of the Judicial Services Commission;
    2. an office that is the responsibility of another body prescribed by written law;
    3. an office in the Republic of Fiji Military Forces, Fiji Police Force or the Fiji Corrections Service; or
    4. an office in respect of which this Constitution makes provision.

127. Permanent secretaries

  1. There is established within each ministry the office of a permanent secretary, which is an office in the public service.
  2. Each ministry is to be under the administration of a permanent secretary, and any department of Government that is not part of any ministry shall be under the administration of the permanent secretary responsible for the Office of the Prime Minister.
  3. The permanent secretary of a ministry is responsible to the Minister concerned for the efficient, effective and economical management of the ministry or any department under the ministry.
  4. The Public Service Commission, with the agreement of the Prime Minister, may at any time re-assign one or more permanent secretaries amongst the various ministries of the State.
  5. A permanent secretary may resign from office by giving written notice to the Public Service Commission.
  6. A permanent secretary shall be entitled to such remuneration as determined by the Public Service Commission following the agreement of the Prime Minister, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
  7. The permanent secretary of each ministry shall have the authority to appoint, remove and institute disciplinary action against all staff of the ministry, with the agreement of the Minister responsible for the ministry.
  8. The permanent secretary of each ministry, with the agreement of the Minister responsible for the ministry, has the authority to determine all matters pertaining to the employment of all staff in the ministry, including-
    1. the terms and conditions of employment;
    2. the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.

128. Appointment of ambassadors

  1. The Prime Minister may, on the advice of the Minister responsible for foreign affairs, make appointments to offices of ambassador, or of other principal representative, of the State to another country or an international organisation.
  2. The Prime Minister may, on the advice of the Minister responsible for foreign affairs, remove a person from an office referred to in subsection (1).

Part B. DISCIPLINED FORCE

129. Fiji Police Force

  1. The Fiji Police Force established under a written law continues in existence.
  2. The office of the Commissioner of Police established under the State Services Decree 2009 continues in existence.
  3. The Fiji Police Force is under the command of the Commissioner of Police.
  4. The Commissioner of Police is appointed by the President, on the advice of the Constitutional Offices Commission following consultation with the Minister responsible for the Fiji Police Force.
  5. The Commissioner of Police is responsible for-
    1. the organisation and administration of the Fiji Police Force; and
    2. the deployment and control of its operations,

    and, subject to subsection (6), is not subject to the direction or control by any other person or authority in relation to those matters.

  6. The Minister responsible for the Fiji Police Force may from time to time issue general policy directions to the Commissioner of Police and, if such a direction has been issued, the Commissioner of Police must act in accordance with it.
  7. The Commissioner of Police has the following powers in relation to the Fiji Police Force for all ranks, members and other employees, of the Fiji Police Force-
    1. to appoint persons to the Fiji Police Force;
    2. to remove persons from the Fiji Police Force; and
    3. to take disciplinary action against persons in the Fiji Police Force,

    and all written laws governing the Fiji Police Force shall be construed accordingly.

  8. The Commissioner of Police, with the agreement of the Minister responsible for the Fiji Police Force, has the authority to determine all matters pertaining to the employment of all staff in the Fiji Police Force, including-
    1. the terms and conditions of employment;
    2. the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
  9. A written law may prescribe provisions relating to the Fiji Police Force.

130. Fiji Corrections Service

  1. The Fiji Corrections Service established under a written law continues in existence.
  2. The office of the Commissioner of the Fiji Corrections Service established under the State Services Decree 2009 continues in existence.
  3. The Fiji Corrections Service is under the command of the Commissioner of the Fiji Corrections Service.
  4. The Commissioner of the Fiji Corrections Service is appointed by the President, on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for the Fiji Corrections Service.
  5. The Commissioner of the Fiji Corrections Service is responsible for-
    1. the organisation and administration of the Fiji Corrections Service; and
    2. the deployment and control of its operations,

    and, subject to subsection (6), is not subject to the direction or control by any other person or authority in relation to those matters.

  6. The Minister responsible for the Fiji Corrections Service may from time to time issue general policy directions with respect to the Fiji Corrections Service and, if such a direction has been issued, the Commissioner of the Fiji Corrections Service must act in accordance with it.
  7. The Commissioner of the Fiji Corrections Service has the following powers in relation to the Fiji Corrections Service for all ranks, members and other employees of the Fiji Corrections Service-
    1. to appoint persons to the Fiji Corrections Service;
    2. to remove persons from the Fiji Corrections Service; and
    3. to take disciplinary action against persons in the Fiji Corrections Service,

    and all written laws governing the Fiji Corrections Service shall be construed accordingly.

  8. The Commissioner of the Fiji Corrections Service, with the agreement of the Minister responsible for the Fiji Corrections Service, has the authority to determine all matters pertaining to the employment of all staff in the Fiji Corrections Service, including-
    1. the terms and conditions of employment;
    2. the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
  9. A written law may prescribe provisions relating to the Fiji Corrections Service.

131. Republic of Fiji Military Forces

  1. The Republic of Fiji Military Forces established under the State Services Decree 2009 continues in existence.
  2. It shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians.
  3. The Commander of the Republic of Fiji Military Forces shall be responsible for exercising military executive command of the Republic of Fiji Military Forces.
  4. The Commander of the Republic of Fiji Military Forces is appointed by the President, on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for the Republic of Fiji Military Forces.
  5. The Commander of the Republic of Fiji Military Forces has the following powers in relation to the Republic of Fiji Military Forces for all ranks, members and other employees of the Republic of Fiji Military Forces-
    1. to appoint persons to the Republic of Fiji Military Forces;
    2. to remove persons from the Republic of Fiji Military Forces; and
    3. to take disciplinary action against persons in the Republic of Fiji Military Forces,

    and all written laws governing the Republic of Fiji Military Forces shall be construed accordingly.

  6. The Commander of the Republic of Fiji Military Forces, with the agreement of the Minister responsible for the Republic of Fiji Military Forces, has the authority to determine all matters pertaining to the employment of all staff in the Republic of Fiji Military Forces, including-
    1. the terms and conditions of employment;
    2. the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
    3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
    4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
  7. A written law may prescribe provisions relating to the Republic of Fiji Military Forces.

Part C. CONSTITUTIONAL OFFICES COMMISSION

132. Constitutional Offices Commission

  1. This section establishes the Constitutional Offices Commission.
  2. The Commission shall consist of-
    1. the Prime Minister, who shall be the chairperson;
    2. the Leader of the Opposition;
    3. the Attorney-General;
    4. 2 persons appointed by the President on the advice of the Prime Minister; and
    5. 1 person appointed by the President on the advice of the Leader of the Opposition.
  3. The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
  4. The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.
  5. In the performance of its functions or the exercise of its authority and powers, the Commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law.
  6. The quorum for the meetings of the Commission shall consist of the chairperson and 2 other members.
  7. The secretary of the Commission shall be the Solicitor-General.
  8. The members of the Commission referred to in subsection (2)(d) and (e) hold office for a term of 3 years and are eligible for re-appointment.
  9. The members of the Commission referred to in subsection (2)(d) and (e) are entitled to such remuneration and allowances as determined by the President, and the remuneration and allowances must not be varied to their disadvantage during their term in office, except as part of an overall austerity reduction similarly applicable to all officers of the State.
  10. The members of the Commission referred to in subsection (2)(d) or (e) maybe 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.
  11. Removal from office of the members of the Commission referred to in subsection (2)(d) and (e) must be pursuant to subsection (12).
  12. If the Chief Justice, following consultation with the Attorney-General, considers that the question of removal of the member of the Commission referred to in subsection (2)(d) or (e) from office ought to be investigated, then-
    1. the Chief Justice appoints-
      1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
      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;
    2. the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the President and advises the President of its recommendation whether or not the member of the Commission referred to in subsection (2)(d) or (e) should be removed from office; and
    3. in deciding whether or not to remove the member of the Commission referred to in subsection (2)(d) or (e) from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
  13. The President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General may, on such terms and conditions as he or she deems fit, suspend the member of the Commission referred to in subsection (2)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (12), and may at any time, revoke the suspension.
  14. The suspension of the member of the Commission referred to in subsection (2)(d) or (e) from office under subsection (13) ceases to have effect if the President determines that the person should not be removed from office.
  15. The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (12) shall be made public.

133. Functions of the Constitutional Offices Commission

The Constitutional Offices Commission has such functions and responsibilities as prescribed in this Constitution or by any other written law, and shall be responsible for providing advice to the President for the appointment of the following offices-

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  1. the chairperson and the members of the Human Rights and Anti-Discrimination Commission;
  2. the chairperson and the members of the Electoral Commission;
  3. Supervisor of Elections;
  4. Secretary-General to Parliament;
  5. the chairperson and the members of the Public Service Commission;
  6. Commissioner of Police;
  7. Commissioner of the Fiji Corrections Service;
  8. Commander of the Republic of Fiji Military Forces;
  9. Auditor-General; and
  10. Governor of the Reserve Bank of Fiji.

Part D. GENERAL PROVISIONS RELATING TO PUBLIC OFFICES

134. Application

This Part applies to-

  1. Supervisor of Elections;
  2. Secretary-General to Parliament;
  3. Commissioner of Police;
  4. Commissioner of the Fiji Corrections Service;
  5. Commander of the Republic of Fiji Military Forces;
  6. Auditor-General;
  7. Governor of the Reserve Bank of Fiji;
  8. the members of the Human Rights and Anti-Discrimination Commission;
  9. the members of the Electoral Commission; and
  10. the members of the Public Service Commission.

135. Terms and conditions of office

  1. Subject to this section, a person holding the office referred to in section 134(a) to (g) holds office for 5 years and is eligible for re-appointment.
  2. Subject to this section, a person holding the office referred to in section 134(h) to (j) holds office for 3 years, and is eligible for re-appointment.
  3. The appointment of a person to whom this Part applies is subject to the terms and conditions (if any) set out in it.
  4. In the performance of his or her duties or functions or the exercise of his or her powers, a person to whom this Part applies is not subject to the direction or control by any person, except as provided under this Constitution or by a written law.

136. Remuneration and allowances

  1. A person to whom this Part applies is entitled to such remuneration and allowances as determined by the President on the advice of the Constitutional Offices Commission, and the remuneration and allowances must not be varied to their disadvantage during his or her term in office, except as part of an overall austerity reduction similarly applicable to all officers of the State.
  2. In advising the President on the remuneration and allowances payable to a person to whom this Part applies, the Constitutional Offices Commission must establish an independent committee (not comprising any holder of a public office) which shall advise the Constitutional Offices Commission on the appropriate remuneration and allowances that should be payable to a person to whom this Part applies.

137. Removal from office for cause

  1. A person to whom this Part applies may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed.
  2. Removal from office must be pursuant to this section.
  3. If the Constitutional Offices Commission considers that the question of removal from office ought to be investigated, then-
    1. the Constitutional Offices Commission appoints-
      1. in the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
      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;
    2. the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the President and advises the President of its recommendation whether or not the person concerned should be removed from office; and
    3. in deciding whether or not to remove the person concerned from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
  4. The President on the advice of the Constitutional Offices Commission may, on such terms and conditions as he or she deems fit, suspend the person concerned from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (3), and may at any time, revoke the suspension.
  5. The suspension of the person concerned from office under subsection (4) ceases to have effect if the President determines that the person should not be removed from office.
  6. 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.

138. Performance of functions of commissions and tribunals

  1. This section applies to-
    1. Human Rights and Anti-Discrimination Commission;
    2. Electoral Commission;
    3. Judicial Services Commission;
    4. Legal Aid Commission;
    5. Mercy Commission;
    6. Public Service Disciplinary Tribunal;
    7. Accountability and Transparency Commission;
    8. Public Service Commission;
    9. Constitutional Offices Commission; and
    10. any tribunal or medical board established or appointed under this Constitution to consider the question of removal from office of any person.
  2. A commission, tribunal or board to which this section applies may by regulation make provision for regulating and facilitating the performance of its functions.
  3. A decision of a commission, tribunal or board to which this section applies requires the concurrence of a majority of its members and the commission, tribunal or board to which this section applies may act despite the absence of a member but, if, in a particular case, a vote is taken to decide a question and the votes cast are equally divided, the person presiding must exercise a casting vote.
  4. Subject to this section, a commission, tribunal or board to which this section applies may regulate its own procedure.
  5. In the performance of its functions or the exercise of its powers, a commission, tribunal or board to which this section applies is not subject to the direction or control of any other person or authority, except as otherwise provided by this Constitution.
  6. Nothing in subsection (5) limits the responsibility of the Government for the structure of the State service, nor the Government’s general policy responsibility for the management of the State service.
  7. In addition to the functions conferred on it by or under this Constitution, a commission, tribunal or board to which this section applies has such powers and other functions (if any) as are prescribed by written law.
  8. The validity of the transaction of business of a commission, tribunal or board to which this section applies is not affected if a person who was not entitled to do so took part in the proceedings.
  9. A commission, tribunal or board to which this section applies has the same powers as the High Court in respect of attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of production of documents.

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