RFMF powers limited to military jurisdiction

The military has power to arrest and investigate anyone that is under the jurisdiction of military law, essentially all RFMF personnel in uniform.  

The RFMF Act outlines the powers including the military justice system and its levels culminating in a Court Martial.  

All other Fiji citizens can only be arrested, investigated, and charged by police.  

Results of the investigation undertaken by Police into the death of Jone Vakarisi would be heard in the civil court.  

Legislation 

The RFMF Act 1949 is currently under review to meet modern security challenges and threats, including the protection of all civilians.   

Minister for Defence Pio Tikoduadua confirmed the draft Bill is with the Solicitor General's office. 

"Any changes to the Act will have to be in line with the Constitution," he said.  The review will lead to the development of a new comprehensive Defence Act. 

"As Defence Minister, I am committed to ensuring our defence legislation is modern, responsive, and safeguards human and civil rights."

The review takes into account the findings of the National Security and Defence Review, which recommended updating the RFMF Act to reflect democratic values and today’s security environment.

Mr Tikoduadua said a new legislation was needed to enable the RFMF to address emerging threats while ensuring strong safeguards and accountability. 

Key issues under consideration include ministerial powers and oversight, command and control arrangements, legal authorities for interagency operations and maritime powers of the RFMF Naval Division.