Constitution of Fiji: Chapter 7 - Part 4 Government Administration

Part 4 Government Administration

Part 4 of Chapter 7, comprising Sections 110 through 114, deals with the organization of the civil, police, and military forces of Fiji.

Section 110 stipulates that every department of government shall have a permanent head, who may be styled Permanent Secretary, Secretary, Head of Department, or other appropriate title. By default the head of a department shall be called Secretary, unless another title is specifically chosen. The Secretary is responsible to the Minister in charge of the department.

This follows British, as distinct from American, practice. In the United States, the head of each department is a member of the President of the United States's Cabinet. British practice, on the other hand, is to keep the civil service separate from, but responsible to, political authority. While the Minister to whom each government department is ultimately responsible is an elected politician subject to replacement at any time, day to day administration of the department is in the hands of the Secretary who holds the office more or less permanently.

In this section, the term "department" specifically excludes the police and the military.

Section 111 establishes the office of Commissioner of Police. This official is appointed by the Constitutional Offices Commission, following consultation with the appropriate Cabinet Minister. The Commissioner of Police holds executive and administrative authority over the entire police force, and is answerable only to the Minister in charge. Parliament may, however, make laws regulating the police force.

Section 112 outlines the organization of the Military of Fiji, called the Republic of Fiji Military Forces. The President, on the advice of the appropriate Minister, appoints a Commander of the Republic of Fiji Military Forces, who is answerable to the said Minister. The Commander is responsible for all appointments, promotions, and demotions in the armed forces, and for all disciplinary action (including expulsion) against servicemen. In addition, Parliament may regulate the military in other ways.

Sections 113 and 114 establish the offices of Solicitor-General and Director of Public Prosecutions. Both must meet the qualifications required of judges. The Solicitor-General is appointed by the Judicial Service Commission following consultation with the Attorney-General. As specified elsewhere in this chapter, the Solicitor-General may exercise the functions of the Attorney-General in their absence. The Director of Public Prosecutions is appointed by the Constitutional Offices Commission following consultation with the Attorney-General. This official may order criminal charges to be brought against individuals and corporate entities, take over criminal proceedings instituted by another person or authority, or dismiss any charges before a judicial verdict has been rendered.

Charges brought before military courts are specifically excluded from the authority of the Director of Public Prosecutions.