The design of the Constitution gives the Prime Minister and the Attorney General structural control over most of the bodies that are supposed to restrain them.
This has been highlighted by former Unity Fiji candidate for the 2022 General Election, Akuila Yabaki Junior while making a submission to the Joint Parliamentary Committee in Nakasi where he has raised concerns about the concentration of power in the Prime Minister and Attorney General under the proposed Constitution (Amendment) Bill 2026, saying Fiji lacks sufficient independent institutions and accountability measures to ensure those in power are held responsible.
Yabaki Junior says the Bill did not adopt several recommendations made by the Constitution Review Commission, including a limit on Cabinet size, a two-term limit for the Prime Minister, an independent process for appointing the Chief Justice and an opposition-chaired Public Accounts Committee.
He says the Bill retains the Prime Minister’s role as chair of the Constitutional Officers Commission, with the Attorney General as a member, allowing the Government to maintain influence over appointments to key institutions.
The former candidate says the institutions may be independent on paper, but the appointment process and the Government’s influence over it raises concerns about their practical independence.
He says the Attorney General also held several roles involving appointments and oversight of bodies that were meant to operate independently, adding to the concentration of power.
Yabaki Junior is also calling for the removal of the immunity clause in the proposed Bill, adding the issue should be explored further, including through the possibility of a constituent assembly.
He is also calling for an extension of the consultation period and translations of the documents relating to the constitutional review, saying many people did not fully understand the issues.
Meanwhile, Fiji National University lecturer Paula Turaga, has supported removing the immunity clause, saying there is a risk that a future government could reinstate it even if it is removed now.
He says the process for selecting the President should return to the Great Council of Chiefs, arguing that the current arrangement is dominated by the Government of the day, which has the numbers to influence appointments.
The former RFMF member also wants members of the disciplined forces to swear allegiance to the Constitution, referring to the United States as an example of the importance of constitutional allegiance.
Turaga has also supported the Constitution Review Commission’s recommendation for a proportional voting system, saying the current voting system does not suit Fiji’s population.
