Bill proposes changes to judicial appointments

The Attorney-General (A-G) would no longer be consulted on the appointments of the Chief Justice and President of the Court of Appeal under the proposed Constitution (Amendment) Bill 2026. The Bill would also allow Judicial Services Commission members nominated by others to be removed by those who nominated them.

The Bill passed its second reading on October 2. It is now before an 11-member special committee, which will receive public submissions before a third reading.

The 2013 Constitution states that senior judges are appointed “on the advice of the Prime Minister following consultation by the Prime Minister with the Attorney-General”.

The Bill states that they would be appointed “by the President on the advice of the Prime Minister”.

The Attorney-General’s consultation is also absent from the Bill provisions reviewed concerning the appointment of other judges, magistrates and masters.

Under the 2013 Constitution, lawyer and non-lawyer members of the Judicial Services Commission “may not otherwise be removed” except on grounds of inability or misbehaviour, following consideration by a tribunal or medical board.

The Bill states that nominated members “may be removed from the Commission by the nominating member”.

Other changes

The Bill proposes the establishment of a military court, with appeals to be heard by the Court of Appeal.

The Director of Public Prosecutions could appoint military prosecutors after consulting the Commander of the Republic of Fiji Military Forces.

All judges would retire at 75 under the proposed changes. High Court judges currently retire at 70.

The Fiji Law Society president and the Public Service Commission chairperson would also become members of the Judicial Services Commission.