Constitution of Fiji: Chapter 9 - Appointment of Judicial Officers

Appointment of Judicial Officers

Section 132 deals with the manner in which judges are to be appointed.

• The Chief Justice is appointed by the President on the advice of the Prime Minister, who is required to consult with the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted.
• The judges of the Supreme Court, the President of the Court of Appeal, the Justices of Appeal, and the puisne judges of the High Court are appointed by the President of Fiji, upon the nomination of the Judicial Service Commission, after consulting with the Cabinet Minister and the committee of the House of Representatives responsible for the administration of justice.
• In the event of a vacancy in the office of Chief Justice, or in the event of the Chief Justice being unable to perform his duties due to absence, illness, or any other cause, the President may, on the advice of the Judicial Service Commission, following consultation by it with the appropriate Cabinet Minister, appoint another person (who must be qualified for appointment as a judge) to act in that capacity.
• In the event of the absence or incapacity of a puisne judge of the High Court, or in the event of a vacancy in such a position, the President may appoint someone to act in that capacity. No person who is not qualified to fill the office may be appointed as an interim judge.

Section 133 empowers the Judicial Service Commission to appoint Magistrates, a central agricultural tribunal (to administer the Agricultural Landlord and Tenant Act), and any other judicial offices that may be established by Parliament. Parliament may also empower the Commission to make appointments to non-judicial offices. In making its appointments, the Commission must consult with the Prime Minister and the Leader of the Opposition, and must obtain the Prime Minister's approval if a non-citizen is to be appointed to a judicial office (other than that of a judge).

Section 134 sets out the criteria for appointment to judicial office. The first principle is that all judicial officers should be based on merit, filled by persons of "the highest quality." The second principle is that, as far as practicable, the composition of the judiciary should reflect Fiji's ethnic balance and should aim for substantially equal representation of males and females.

Section 135 requires all judges, before taking office, to take the oath (prescribed in Part D of the Schedule) before the President of Fiji.

Section 136 forbids any reduction in the salary of judges during their terms of office. This is intended as a safeguard against blackmail.