Prime Minister Sitiveni Rabuka says the immunity provisions contained in the 2026 Constitution Amendment Bill will be subject to debate in Parliament, as the Government moves to amend provisions relating to immunity granted following the 2006 takeover.

Rabuka says the provisions in the Bill, including those retained from previous constitutional arrangements, will be examined during parliamentary debate, alongside other provisions that were recommended by the Constitutional Review Commission but were not included in the Bill.

The Bill retains Chapter 14, which continues immunity granted under the 1990 Constitution and protections provided under the Limitation of Liability for Prescribed Political Events Act 2010.

Under the proposed Section 206, absolute and unconditional immunity would continue to apply to specified persons, including the President, Prime Minister and Cabinet Ministers, members of the Republic of Fiji Military Forces, Police, Corrections, Judiciary, public service and other public offices.

The protection covers criminal prosecution and civil or other liability arising from direct or indirect participation, appointment or involvement in government between December 5, 2006 and the first sitting of the first Parliament elected after the commencement of the 2013 Constitution, subject to specified exceptions under the Crimes Act 2009.

The Bill further states that the immunity provisions cannot be reviewed, amended, altered, repealed or revoked, and proposes retaining restrictions on courts or tribunals hearing challenges to the immunity.

Rabuka says provisions that were brought into the Bill but were not part of the CRC recommendations, as well as recommendations that were left out, will also be subject to parliamentary scrutiny.

The immunity provisions are therefore expected to be a significant part of the debate, with Parliament to consider the scope, continuation and entrenchment of protections contained in the proposed constitutional amendments.

By: Litia Rabua