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📣 We’re now the Centre for Democracy & Dialogue (CDD) — formerly Dialogue Fiji. Learn more →
← Module 1 · Understanding Fiji’s Political System
Democracy requires more than elected leaders. It also requires institutions that apply the law, protect rights, oversee elections, investigate wrongdoing and examine how public money is used.
Fiji’s Constitution establishes courts and a number of independent offices and commissions. Their purpose is to prevent important decisions from being controlled entirely by the Government of the day.
The judiciary is the branch of the State that interprets and applies the law. Courts decide disputes between individuals, organisations and the State. They hear criminal cases, determine civil claims, interpret legislation and decide constitutional questions.
The rule of law requires government action to have a legal basis. A Minister, ministry, police officer or other public body cannot lawfully exercise powers that the law has not given them. Courts may review public action and provide a remedy when legal requirements have not been followed.
Courts do not replace elected institutions. Parliament decides what laws to pass within the Constitution, and the executive makes policy and administers government. The courts decide legal disputes and determine whether the Constitution and other laws have been followed.
The Constitution states that courts and judicial officers are independent of Parliament and the executive. They are subject only to the Constitution and the law and must apply the law without fear, favour or prejudice.
Judicial independence protects everyone. A citizen should be able to bring a case against the State without the Government directing the result. An accused person should receive a fair hearing regardless of political pressure. A government should also be able to rely on courts to apply the law consistently.
Independence does not mean that judges are above the law or free from accountability. Judges must follow legal procedures, give reasons for decisions and may be reviewed through appeals. The Constitution also provides processes for appointment, discipline and removal.
Fiji’s court system has several levels.
The Magistrates Court deals with many criminal and civil matters under powers given by legislation. It is often the first court that members of the public encounter.
The High Court has unlimited original jurisdiction in civil and criminal proceedings. Original jurisdiction means that a case may begin there. The High Court also has original jurisdiction in matters arising under the Constitution or involving its interpretation. It hears appeals from the Magistrates Court and supervises subordinate courts.
The Court of Appeal hears appeals from judgments of the High Court. Its role is to consider whether the law was correctly interpreted and applied and whether the proceedings were fair.
The Supreme Court is Fiji’s final appellate court. It hears appeals from final judgments of the Court of Appeal when leave is granted. It also has a special original jurisdiction to answer constitutional questions referred by Cabinet under section 91(5). This special referral power should not be confused with the High Court’s wider original jurisdiction over constitutional matters.
Other courts, tribunals or commissions may be created by written law for particular subjects.
The Constitution uses different appointment processes for different judicial offices.
The Chief Justice and the President of the Court of Appeal are appointed by the President on the advice of the Prime Minister after the Prime Minister consults the Attorney-General.
Other Supreme Court judges, Justices of Appeal and High Court judges are appointed by the President on the recommendation of the Judicial Services Commission after that Commission consults the Attorney-General.
The Judicial Services Commission appoints Magistrates, Masters of the High Court, the Chief Registrar and other prescribed judicial officers. It also has responsibilities relating to complaints, judicial education and the efficient functioning of the judiciary.
These procedures are intended to combine constitutional responsibility with professional assessment. Public confidence depends on appointments being made on merit and on judges remaining independent after appointment.
Legal rights have limited value if people cannot use the courts. The Constitution recognises access to courts and requires legal aid to be available in circumstances where a person cannot afford representation and injustice would otherwise result.
The Legal Aid Commission provides free legal services to eligible members of the public under the applicable rules and guidelines. It is constitutionally recognised as an independent institution.
Access to justice also depends on practical factors such as cost, location, delay, accessible information and public understanding of legal procedures.
Some public functions require distance from party politics. The administration of elections should not be directed by a party contesting those elections. Audits of public spending should not depend on the approval of the officials whose spending is being examined. Human rights complaints should be considered according to law rather than political convenience.
Independent constitutional institutions are designed to carry out such functions. Their independence is usually protected through legal powers, appointment procedures, fixed terms, reporting duties and rules governing removal from office.
Formal independence is essential, but it is not enough by itself. Institutions also need adequate funding, professional staff, transparent procedures and leadership willing to act impartially.
The Constitutional Offices Commission, usually called the COC, advises the President on appointments to several important offices. These include the Electoral Commission, the Supervisor of Elections, the Secretary-General to Parliament, the Public Service Commission, the Commissioner of Police, the Commissioner of Corrections, the Commander of the RFMF, the Auditor-General and the Governor of the Reserve Bank of Fiji.
The COC has six members. The Prime Minister chairs it. The other members are the Leader of the Opposition, the Attorney-General, two people appointed by the President on the advice of the Prime Minister, and one person appointed on the advice of the Leader of the Opposition.
The Constitution states that the COC is independent. At the same time, four of its six positions are held by government leaders or filled on the advice of the Prime Minister. Critics argue that this gives the Government a decisive influence over appointments that should provide checks on executive power. Supporters may argue that an elected Government should have a leading role in major public appointments. Understanding this debate requires distinguishing between the Commission’s formal duty to act independently and the way its membership is selected.
The Electoral Commission is responsible for the registration of voters and the conduct of free and fair elections in accordance with the law. Its functions include voter education, candidate registration, the settlement of certain electoral disputes and monitoring compliance with electoral and political party laws.
The Supervisor of Elections administers voter registration and conducts elections under the direction of the Electoral Commission.
The Commission must report annually to the President and Parliament. Its decisions affect political parties and candidates directly, so impartiality, transparency and consistent application of the law are essential to public confidence.
The Fiji Independent Commission Against Corruption, known as FICAC, investigates and prosecutes corruption-related offences within its legal mandate. The Constitution recognises its power to investigate, begin and conduct criminal proceedings, and take over certain investigations or proceedings.
The Constitution states that FICAC is independent and is not subject to the direction or control of another person or authority, except as provided by law or through a court.
FICAC’s work is important to politics because corruption can divert public resources, distort decisions and weaken trust. At the same time, any anti-corruption agency must exercise its powers fairly, consistently and according to due process.
The Human Rights and Anti-Discrimination Commission promotes and monitors the observance of human rights. It may receive and investigate complaints, conduct research, recommend changes and take steps to secure redress where rights have been violated.
The Commission is expected to act independently. Its work may involve both public bodies and private organisations, depending on the right and the applicable law.
For candidates, human rights are not an abstract legal subject. Campaign proposals involving policing, media, protest, equality, public services or the treatment of minority groups may all raise human rights questions.
The Auditor-General examines the public accounts of the State, the control of public money and property, and transactions involving public resources. At least once each year, the Auditor-General must audit and report to Parliament.
The audit report considers whether transactions were legally authorised and whether expenditure was used for the purpose for which it was approved. The Auditor-General has access to government records needed for this work and is constitutionally independent.
Audit reports allow Parliament and the public to see whether money was managed lawfully and responsibly. Parliament’s Public Accounts Committee has an important role in examining the findings and seeking explanations.
An institution may be described as independent in law, but public confidence also depends on how it behaves. Appointment processes should be credible, decisions should be explained, procedures should be fair and similar cases should be treated consistently.
Political leaders have a responsibility to respect institutional boundaries. Criticism of a decision is legitimate in a democracy, but attempting to direct a court, election body, auditor or investigation for party advantage can undermine the system itself.
Independent institutions are not opponents of elected government. Their purpose is to help ensure that every government exercises power lawfully and that citizens can trust important public processes.
A candidate should know which institution is responsible for a problem before promising a solution. Parliament makes laws and approves funding. Ministries administer policy. Courts decide legal cases. Independent commissions exercise specialised powers.
If elected, an MP may question an institution, examine its reports, consider legislation affecting it and debate whether it has adequate resources. An MP should not demand a particular outcome in an individual court case, audit, electoral dispute or investigation.
Candidates should also understand that they may themselves become subject to oversight. Electoral rules, political finance requirements, anti-corruption laws and parliamentary accountability apply to those seeking and holding office.
