Scribd

Republic of Fiji Military Forces

131.—(1) The Republic of Fiji Military Forces established under the State Services Decree 2009 continues in existence.(2) It shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fijiand all Fijians.(3) The Commander of the Republic of Fiji Military Forces shall be responsible for exercising military executive command of the Republic of Fiji Military Forces.(4) The Commander of the Republic of Fiji Military Forces is appointed by the President, on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for the Republic of Fiji Military Forces.(5) The Commander of the Republic of Fiji Military Forces has the following powers in relation to the Republic of Fiji Military Forces for all ranks, members and other employees of the Republic of Fiji MilitaryForces—

(a)

to appoint persons to the Republic of Fiji Military Forces;

(b)

to remove persons from the Republic of Fiji Military Forces; and

(c)

to take disciplinary action against persons in the Republic of Fiji Military Forces, and all written laws governing the Republic of Fiji Military Forces shallbe construed accordingly.(6) The Commander of the Republic of Fiji Military Forces, with the agreement of the Minister responsible for the Republic of Fiji Military Forces, has the authority to determine all matters pertaining to the employment of all staff in the Republic of Fiji Military Forces, including—

(a)

the terms and conditions of employment;

(b)

the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;

(c)

the salaries, benefits and allowances payable, in accordance with itsbudget as approved by Parliament; and

(d)

the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament. (7) A written law may prescribe provisions relating to the Republic of Fiji Military Forces.

Part C—CONSTITUTIONAL OFFICES COMMISSION

132.—(1) This section establishes the Constitutional Offices Commission. (2) The Commission shall consist of—

(a)

the Prime Minister, who shall be the chairperson;

(b)

the Leader of the Opposition;

(c)

the Attorney-General;

(d)

2 persons appointed by the President on the advice of the Prime Minister; and

(e)

1 person appointed by the President on the advice of the Leader of the Opposition. (3) TheCommissionmayregulateitsownprocedureandmaymakesuchrulesandregulations as it deems fit for regulating and facilitating the performance of its functions.(4) The Commission shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.

(5) In the performance of its functions or the exercise of its authority and powers, the Commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law.(6) ThequorumforthemeetingsoftheCommissionshallconsistofthechairperson and 2 other members.(7) The secretary of the Commission shall be the Solicitor-General.(8) The members of the Commission referred to in subsection (2)(d) and

(e)

hold office for a term of 3 years and are eligible for re-appointment.(9) The members of the Commission referred to in subsection (2)(d) and

(e)

are entitled to such remuneration and allowances as determined by the President, and the remuneration and allowances must not be varied to their disadvantage during their term in office, except as part of an overall austerity reduction similarly applicable to all officers of the State.(10) The members of the Commission referred to in subsection (2)(d) or

(e)

may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed.(11) Removal from office of the members of the Commission referred to in subsection (2)(d) and

(e)

must be pursuant to subsection (12).(12) If the Chief Justice, following consultation with the Attorney-General, considers that the question of removal of the member of the Commission referred to in subsection (2)(d) or

(e)

from office ought to be investigated, then—

(a)

the Chief Justice appoints—