Constitution of Fiji: Chapter 9 - Terms of Office

Terms of Office

Section 137 prescribes the terms of office and the retirement ages for judges.

• The Chief Justice, Supreme Court Judges, and Justices of Appeal (including the President of the Court of Appeal), are required to retire on reaching the age of 70. The retirement of Justices of Appeal may be waived, however, for a term of years or for the duration of one or more sessions of the court concerned.
• Puisne judges are appointed for terms of not less than four years, nor more than seven years, and are required to retire on the expiry of their term or at the age of 65, whichever event occurs sooner.
• Upon reaching the applicable retirement age, the retirement of the Chief Justice, any Supreme Court judge, or a Justice of Appeal (including the President of the Court of Appeal) may be waived to allow that person to continue in office, or to transfer to another judicial office, for a term of not more than three years. This may be renewed, but not after the judge has reached the age of 75. No person, therefore, may serve as a judge after the age of 78.
• The retirement of puisne judges at the age of 65 is compulsory and may not be waived. They are eligible, however, for appointment as Justices of Appeal (including to the Presidency of the Court of Appeal), as judges of the Supreme Court, or to the office of Chief Justice.
• The retirement age of judges is not applicable to persons acting in that capacity on a temporary basis. Judges who are past retirement age may therefore be called out of retirement, from time to time, to temporarily fill vacancies or to act in the place of a judge who is absent or otherwise unable to carry out his or her duties.