Apenisa Waqairadovu 
[Photo: FILE]
A new immunity chapter is being proposed in Fiji’s Constitution Amendment Bill, despite the Constitution Review Committee recommending that immunity provisions be removed from the country’s new Constitution.
The Government’s proposed Constitution takes a different approach from the CRC draft.
The CRC recommended repealing its entire Chapter 15 on immunity.
But the Government’s Bill introduces a new Chapter 14, which would retain existing immunities and create additional protections.
The Bill proposes to continue immunity granted under the 1990 Constitution and under the Limitation of Liability for Prescribed Political Events Act 2010.
It also proposes additional immunity for people who held specified state positions between December 5th, 2006 and the first sitting of the first Parliament elected under the new Constitution.
This includes the President, Prime Minister and Cabinet Ministers, members of the military, Police and Corrections, the Judiciary, public servants and other public office holders.
The proposed immunity would cover criminal prosecution, civil liability and other legal proceedings, although the Bill excludes specified offences under the Crimes Act.
The Bill goes further by stating that the immunity chapter cannot be amended, altered, repealed or revoked.
It also provides that courts and tribunals would have no jurisdiction to hear challenges to the immunity provisions.
This means the Government’s proposed Constitution takes a substantially different approach to immunity from that
recommended by the CRC.
