Constitution of Fiji: Chapter 6 - Part 5 Institutions and Offices

Part 5 Institutions and Offices

Part 5 of Chapter 6, comprising Sections 75 through 84, establishes several institutions and offices of the Parliament, or pertaining to the parliament.

Sections 75 through 77 establish the Constituency Boundaries Commission, which is empowered to determine the boundaries of electoral districts. It has three members: one nominated by the Prime Minister, one by the Leader of the Opposition, and a Chairman, chosen by the President. All three are officially appointed by the President, but his role in the appointment of the first two is a formality. In choosing the Chairperson, however, the President acts "in his or her own judgement," though he must consult both the Prime Minister and the Leader of the Opposition. The Chairperson must be a judge, or be qualified to be one. Persons who are or have been members of the Senate or of the House of Representatives at any time during the preceding 4 years, members of local government authorities, and civil servants are disqualified from serving on the Constituency Boundaries Commission, in order to safeguard its political impartiality.

Section 78 establishes the Electoral Commission. It is charged with voter registration, and with any other functions that may be "conferred on it by written law." It must report annually to the President concerning its activities, and a copy of the report must be submitted to each of the two Houses of Parliament.

The Electoral Commission consists of five members: a Chairperson, appointed by the President "acting in his or her own judgement," and four other members "appointed by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Leader of the Opposition." The Chairperson must be a judge, or have the required qualifications to be a judge. Members of the Senate, the House of Representatives, local government authorities, and the civil service are disqualified from membership, as are persons who are candidates for election to the House of Representatives or to any local authority.

Section 79 establishes the office of Supervisor of Elections. It is charged with organizing elections. He or she is appointed by the Constitution Offices Commission, after consulting with the relevant Cabinet Minister, but is responsible to, and is entitled to attend the meetings of, the Electoral Commission. The Supervisor of Elections must be a fully qualified and registered barrister and solicitor.

All legislation pertaining to electoral matters must be presented to the Supervisor of Elections and to the Electoral Commission for comment.

Section 80 establishes the offices of Speaker and Deputy Speaker of the House of Representatives. At their first meeting following a general election, or whenever one or both of the offices may be vacant, the House of Representatives is required to elect a Speaker and a Deputy Speaker. In order to promote the impartiality of the office, the Speaker is elected from outside of Parliament. The Deputy Speaker, however, is required to be a member of the House of Representatives. The offices of Speaker and Deputy Speaker are incompatible with any other public office. Cabinet Ministers, Senators, and other public servants are disqualified.

The Speaker may be dismissed by a two-thirds vote of the House of Representatives.

Section 81 establishes the offices of President of the Senate. Following a general election, and at any other time when either one of the offices may be vacant, elect from among their own members, a President and a Vice-President. These offices are incompatible with all others; Cabinet Ministers, members of the House of Representatives, and other public servants are disqualified.

Section 82 establishes the office of Leader of the Opposition. The Leader of the Opposition is appointed by the President on the basis of his opinion as to who would most likely be the most acceptable to the majority of the members of the opposition party or parties. The leader of the Opposition must be a member of the House of Representatives. The Leader of the Opposition chooses eight members of the Senate, and has the right to be consulted on a very wide range of issues. The "Opposition" is taken to be the members of all political parties in the House of Representatives, except those that support the Prime Minister.

Section 83 establishes the Parliamentary Emoluments Commission. It determines the salaries of Representatives and Senators, Cabinet Ministers, the Leader of the Opposition, and all officers of the Parliament. It has three members - a Chairperson of the Parliamentary Emoluments Commission and two other members, at least one of whom must be a fully qualified and experiences actuary or accountant. The three members of the commission are appointed by the President, on the advice of the relative standing committee in the House of Representatives.

Section 84 establishes the position of Secretary General to Parliament, and several other offices such as the Secretary to the House of Representatives and the Secretary to the Senate. The Secretary General is appointed by the Constitutional Offices Commission. The other two are appointed by the Public Services Commission (Fiji)