DPP Office independence ‘at risk’ under 2013 Constitution: Tikoisuva

The independence of Fiji’s prosecutorial authority may be at risk under the 2013 Constitution.

Acting Director of Public Prosecutions Nancy Tikoisuva raised the concern in a submission to the constitutional review process.

Ms Tikoisuva argued that the Office of the Director of Public Prosecutions (ODPP), long regarded as a cornerstone of the rule of law, faces potential erosion due to provisions in the 2013 Constitution.

While the Constitution preserves key safeguards, she said certain clauses create an imbalance of power — particularly between the ODPP and the Fiji Independent Commission Against Corruption (FICAC).

Under Section 117, the ODPP holds broad authority to initiate, take over, and discontinue criminal proceedings independently.

However, Ms Tikoisuva noted that parallel provisions governing FICAC do not include the same limitations. This, she said, effectively allows FICAC to override decisions made by the DPP, but not the other way around.

More concerning, she added, is a constitutional requirement for the FICAC Commissioner to provide regular updates to the Attorney-General.

While no wrongdoing has been alleged, Ms Tikoisuva argued that this reporting line creates a pathway for political influence, indirectly affecting the independence of prosecutorial decisions.

“We are not suggesting this has occurred,” she clarified, “but the framework leaves the Office of the DPP vulnerable.”

Ms Tikoisuva urged the review commission to remove what she described as unprecedented exceptions introduced in the 2013 Constitution — provisions she said did not exist in earlier constitutional frameworks.

Her submission underscores growing scrutiny over institutional independence in Fiji’s governance structures, with calls to reinforce the separation between legal authority and political oversight.

Feedback: sosiveta.korobiau@fijisun.com.fj