Outdated laws dating back to 1879 still hinder justice

Laws dating back to 1879 are still on Fiji's books, hindering modern justice delivery and creating confusion in legal proceedings.

The Final Report on Fiji's Law and Justice Sector reveals that outdated legislation, including the Patents Act 1879 and Arbitration Act 1965, continues to obstruct effective administration of justice.

"Outdated laws, such as the Arbitration Act 1965 and Patents Act 1879, continue to hinder justice delivery," the report states.

The problem is massive in scale, with 375 primary legislations and 841 subsidiary laws requiring review and potential modernisation.

Many of these laws were inherited from Fiji's colonial period and have not been updated to reflect modern technology, international standards, or contemporary social values.

The disconnect between old laws and current realities creates legal uncertainty for businesses, confuses citizens seeking to understand their rights, and complicates court proceedings.

Legislative overhaul

A dedicated Legislative Modernisation Unit will be established by late 2026, jointly managed by the Attorney-General's Office and Ministry of Justice.

The unit will systematically review 10 per cent of outdated laws by mid-2027 as part of a comprehensive legislative stocktake.

Priority will be given to laws affecting climate justice, digital rights, and human rights protections.

A formal Legislative Program will also be established by late 2026, coordinating between the Attorney-General's Office, Cabinet, and Parliament to ensure coherent law-making processes.

Feedback: kaneta.naimatau@fijisun.com.fj