Fiji Law Society Opposes Future Immunity in Bill 32
The Fiji Law Society opposed any future grant or extension of immunity from prosecution for coup-makers during submissions to the Special Parliamentary Committee on the Constitution Amendment Bill 32 of 2026.
Submissions on Clause 206 and Constitutional Immunity
Law Society President Graham Leung presented the organization’s formal position regarding clause 206 of Bill 32 of 2026. The Society opposed any future grant or extension of immunity from the commencement date of a new constitution, if adopted.
While accepting the Supreme Court’s reasoning regarding previously granted historical immunities, Leung stated that permanent constitutional immunity from legal accountability sits uneasily with constitutional supremacy, equality before the law, and the rule of law. The Society recommended enacting a clear legal provision making it unlawful to grant immunity to anyone found guilty of treason or attempting to remove a government in the future.
Fijians Prioritize Basic Services over Constitutional Change
Leung told the parliamentary committee that the people of Fiji are suffering from coup fatigue after enduring four previous constitutions, noting that Bill 32 would result in a fifth supreme law. He stated that frequent constitutional changes have created division and discord rather than national unity.
Leung noted that citizens are crying out for reliable village water supplies, health centers stocked with vital medicines, and roads free of potholes.
Proposals on FICAC and Military Authority
The organization supports separating the investigative and prosecutorial functions of the Fiji Independent Commission Against Corruption. Leung stated that section 115 should confine the agency’s mandate exclusively to investigations, while prosecutorial authority remains vested in the Office of the Director of Public Prosecutions under section 117.
Regarding national defense, the Society called for amendments to section 131 to affirm the primacy of civilian democratic authority over the military. Leung stated that the military’s principal constitutional function should focus on defending Fiji against external threats, leaving no ambiguity that armed forces remain subordinate to democratically elected civilian leaders.
Parliament’s special committee is examining the proposed Constitution amendment Bill 32 of 2026 as submissions are made regarding immunity, governance, and the military.