Chapter
1 | Chapter 2 | Chapter
3 | Chapter 4 | Chapter
5 | Chapter 6 |
Chapter 7 | Chapter
8 | Chapter 9 | Chapter
10 | Chapter
11 | Chapter 12
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Chapter 13 | Chapter
14 | Chapter 15 |
Chapter 16 | Chapter
17 |
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| Chapter 11 - Accountability |
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Chapter 11 of the Fijian constitution
is titled Accountability. Its 19 sections, divided
into 5 parts, include a code of conduct expected of
all government officers and employees, and establish
a number of constitutional offices.
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| Part 1: Code of Conduct
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Part 1 of Chapter 11 establishes a code of conduct
which applies to all constitutional officers, as well
as all government employees. It comprises just one section
- Section 156.
Political leaders and civil servants are forbidden to
engage in activities that would entail, or could be
seen to entail, a conflict of interest between their
private interests and their public duties, or that would
compromise the "fair exercise" of their public
responsibilities. They are forbidden to use their offices
for private gain, or to allow their own integrity or
that of the government to be called into question. Parliament
is empowered to legislate to enforce these regulations.
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| Part 2: Ombudsman |
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Part 2 of Chapter 11 establishes the office
of Ombudsman. It comprises sections 157 through 164
of the constitution.
Section 157 stipulates that there must be at
least one Ombudsman. Parliament is empowered to appoint
more than one, and if so, one of them shall be designated
the Chief Ombudsman, who shall be in charge of the staffing
of the Ombudsman's office and of the allocation of work
amongst the Ombudsmen.
Section 158 sets out the Ombudsman's functions.
He or she is required to investigate administrative
complaints brought by government departments or parliamentary
committees. Complaints to the Ombudsman may also be
made by any person whose interests are affected by an
action of any government agency. Complaints to the Ombudsman
must be made in person, not through another party, but
the Ombudsman may waive this rule if he or she is satisfied
that the person concerned is unable to make the complaint
in person.
The Ombudsman is not authorized to investigate actions
taken by a Cabinet Minister, judge, or any person with
respect to that person's appointment to, or dismissal
from, public office, or that person's pension entitlement.
The proceedings of the Ombudsman are not to be challenged
in any court of law.
Sections 159 and 160 empower the Ombudsman to choose
not to investigate any complaint brought before him
or her, or to discontinue an investigation at any time.
Moreover, the Ombudsman is not generally authorized
to hear complaints that could be reviewed by a court
or tribunal, except when such complaints involve breaches
of the Bill of Rights. Parliament is authorized to legislate
to regulate the conduct of the Ombudsman's business.
Sections 161 and 162 deal with the outcome of
the Ombudsman's investigations into complaints. If the
Ombudsman finds an action to have been unconstitutional,
illegal, unreasonable, unjust, oppressive, or improperly
discriminatory, he or she is to make a report, with
copies to the Prime Minister and the Minister of the
relevant department, with specifics as to what wrong
or wrongs were committed, and as to what steps should
be taken to rectify the wrongs. After presenting the
report to the Prime Minister and the Minister concerned,
if no action has been taken within a reasonable period
of time, the Ombudsman may present a further report
to the House of Representatives and the Senate.
Section 164 specifies the manner of the Ombudsman's
appointment, and the limitations of the office. Following
consultation with the Prime Minister, the Constitutional
Offices Commission appoints the Ombudsman, who must
not hold or derive income from any other public office
(except the chairmanship of the Human Rights Commission.
Nor may the Ombudsman, except with written permission
from the Prime Minister, hold any other paid office
or engage in any other paid occupation during his or
term as Ombudsman. This is to safeguard the independence
of the office, and to prevent conflict of interest scenarios.
Section 164 requires the Ombudsman to publish an
annual report, and specifies the contents. In particular,
investigations involving the police and the Fiji Prisons
Service are to be documented.
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| Part 3: Auditor-General |
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Part 3 of Chapter 11 establishes the office
of the Auditor-General. It comprises sections 166
through 169.
Sections 166 and 167 establish the Auditor-General's
office, and define its powers and duties. The Auditor-General
is the chief official accountant of the state. He or
she is required to make an annual inspection and audit,
followed by a report to the Parliament, on all transactions
concerning public money or public property. The Auditor-General
is to investigate the legality of all such transactions.
Nevertheless, provision exists for the Parliament to
exempt a specified body corporate from audit by the
Auditor-General. The report is to be delivered to the
Speaker of the House of Representatives, and a copy
given to the relevant Minister. The Speaker is to require
the report to be laid before the House and the Senate
within 30 days of receiving it, or, if Parliament is
not sitting at the time, on the first sitting day when
it resumes.
Section 168 stipulates that the Auditor-General
is to be appointed by the Constitutional Offices Commission
following consultation with the relevant committee of
the House of Representatives. In the event of a vacancy,
or of the Auditor-General being unable for any reason
to exercise his or her duties, the Commission may, following
consultation with the relevant Minister, appoint an
acting Auditor-General. The substitute position may
be either permanent or temporary.
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| Part 4: General Provisions
Relating to Certain Constitutional Offices |
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Part 4 of Chapter 11 makes general provisions
relating to certain constitutional offices. It comprises
sections 169 through 173 of the Constitution.
Sections 169 through 171 identify the officers
to whom the provisions apply, and set out the terms
and conditions for holding office.
The Supervisor of Elections, the Ombudsman, the Auditor
General, the Director of Public Prosecutions, the Secretary-General
to Parliament, and the Commissioner of Police are appointed
for 5-year terms, and are eligible for reappointment.
Notwithstanding the term limit, all terms of office
expire on reaching the age of 65, after which the officers
are not eligible for further reappointment. The salaries
of all these officers are to be fixed by the Parliament,
and are not to be reduced during their term of office.
In the case of alleged misbehaviour or of inability
to perform the duties of the office, the President is
to appoint a tribunal comprising at least 3 members,
at least 2 of whom hold or have held high judicial office
in Fiji or another country prescribed by the Parliament.
The tribunal is to investigate the allegations and deliver
its recommendations to the government. The President
may then suspend or dismiss the officer, if so recommended
by the tribunal, on the advice of the Prime Minister,
who is required to consult the Leader of the Opposition.
Members of the Human Rights Commission, the Constituency
Boundaries Commission, the Electoral Commission, the
Parliamentary Emoluments Commission, the Commission
on the Prerogative of Mercy, the Constitutional Offices
Commission, and the Disciplined Services Commission
are appointed for 2-year terms; they may be reappointed
for one further 2-year term, but are not eligible for
further reappointment. In the case of alleged misbehaviour
or of inability to perform the duties of the office,
the Constitutional Offices Commission is to appoint
a tribunal comprising at least 3 members, at least 2
of whom hold or have held high judicial office in Fiji
or another country prescribed by the Parliament. The
tribunal is to investigate the allegations and deliver
its recommendations to the government.
Section 173 sets out various regulations governing
the functions of commissions and tribunals. Decisions
are taken by majority vote; in the event of a tie, the
Chairman has a casting vote.
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| Part 5: Freedom of
Information |
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Part 5 of Chapter 11 consists of a single section,
section 174, requiring the Parliament to legislate
to give members of the public access rights to official
documents of the government and its agencies.
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Chapter
1 | Chapter 2 | Chapter
3 | Chapter 4 | Chapter
5 | Chapter 6 |
Chapter 7 | Chapter
8 | Chapter 9 | Chapter
10 | Chapter
11 | Chapter 12
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Chapter 13 | Chapter
14 | Chapter 15 |
Chapter 16 | Chapter
17 |
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