Immunity provisions retained in Constitution Amendment Bill - Rabuka

Immunity provisions retained in Constitution Amendment Bill - Rabuka
The immunity provisions have been retained in the Constitution Amendment Bill in line with the Supreme Court's directive.

While confirming this after the tabling of the Bill, Prime Minister Sitiveni Rabuka says the committee that dealt with the Constitutional Review Commission's report respected the Supreme Court's directive and retained the immunity provisions.

In the 2013 Constitution, absolute and unconditional immunity is irrevocably granted to any person
(whether in their official or personal or individual capacity) holding the office of, or
holding the office in, as the case may be the President; the Prime Minister and Cabinet
Ministers; Republic of Fiji Military Forces; Fiji Police Force; Fiji Corrections
Service; Judiciary; public service; and any public office, from any criminal prosecution and from any civil or other liability in any court,tribunal or commission, in any proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment or
involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament elected after the commencement of this Constitution, provided however any such immunity shall not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution).


Rabuka says everything raised by the CRC and incorporated into the Bill will be subject to what he expects will be a heated but keen debate in Parliament.

He says the proposed age and term limits, as well as provisions relating to qoliqoli ownership, are among the issues expected to be debated.

Rabuka says the qoliqoli provisions would acknowledge the sovereignty of the nation and extend traditional ownership to the limits of Fiji's exclusive economic zone.

The Prime Minister says based on today's numbers, he is very confident of securing the two-thirds majority required at the second reading on Friday afternoon.

When asked what would happen if the Bill fails to secure the required majority, Rabuka says they will stop and "that is it".

Rabuka says he personally believes limiting a Prime Minister to two terms is a very good provision.

However, he says the two-term limit is not included in the recommendation.

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