PM open to removing constitutional immunity

Prime Minister Sitiveni Rabuka has indicated the possibility of removing the immunity clause from the Constitution Amendment Bill 2026.

When asked whether the Special Committee on the Constitution (Amendment) Bill 2026 would consider amending the immunity provision, Mr Rabuka said: "Amend or leave it out altogether, like we have done some aspects of the Constitution Review Commission (CRC) report."

In his submission to the special committee last Saturday, Republic of Fiji Military Forces (RFMF) Commander Major General Ro Jone Kalouniwai echoed calls from members of the public for the removal of the immunity clause.

The RFMF suggested constitutionalising the Truth and Reconciliation Commission as a substitute for the immunity clause.

"[The RFMF] suggested having a reconciliation provision in which everything is dealt with through that," Mr Rabuka said.

"I have not received any legal opinion on it, but it's something that our legal people and legal draftsmen will have to look at very seriously."

The Supreme Court's opinion is that the immunity clause in Chapter 10 of the 2013 Constitution is unamendable.

Appearing before the Constitution Review Commission (CRC) in July this year, former Chief Justice Daniel Fatiaki said the Supreme Court's opinion was not legally binding on the CRC, Parliament or Cabinet.

Mr Fatiaki said the CRC was free to make its own recommendations because it was not a court.

A constitutional lawyer and Fiji Law Society president told this masthead that removing the immunity clause would overwhelm the justice system with prosecutions.

"Put simply, the system wouldn't be able to cope with the scale of prosecutions that could flow from the events of 1987 and after."

However, the Fiji Law Society proposed to the special committee that future unconstitutional seizures of power should not be shielded from legal accountability through immunity provisions.