1997 Constitution | 1990 Constitution |
Name of the country: REPUBLIC OF THE FIJI ISLANDS | REPUBLIC OF FIJI |
Head of State: President and a new Vice President to be appointed by GCC for 5 years and these appointments are open to any Fiji citizens. | A President appointed by the Great Council of Chiefs (GCC) for a term of five years with two Acting Vice Presidents. |
Prime Minister (PM): Any elected Member of the House of Representatives can be appointed PM. President appoints as PM, the Member of the House of Representatives who can form a government that has the confidence of the House of Representatives. | President appoints as PM a Fijian Member who commands majority supports in the House of Representatives. |
Cabinet Members: Compulsory to have a multi-party Cabinet from both Houses of Parliament and comprising of members of each party that has at least 10 per cent of the total members of the House of Representatives. | The President on the advice of the PM appoints cabinet Members from both Houses of Parliament. |
Speaker of the House of Representatives: A non-member of the House of Representatives elected by the Members. | Same as provisions in the new Constitution. |
President of the Senate: Appointed from Members of the Senate. | Same as in the new Constitution. |
Composition of House of Representatives: 71 Members; 46 communal seats and 25 open seats elected by all races. Of the 46 communal seats, 23 seats are reserved for Fijians, 19 for Indians, 3 for General Electors and 1 for Rotumans. | 70 Members all contested on communal basis. 37 seats reserved for Fijians, 27 seats for Indians, 5 seats for General Electors and 1 for Rotumans. |
System of Election to the House Representatives: Compulsory voting for registered voters above 21 years every 5 years, using the new preferential voting system, where voters rank candidate increasing to the total number of candidates in the ballot papers. | Non-compulsory voting for registered voters over 21 years using the first past the post system. |
Senate: 32 appointed Members, 14 appointed by the GCC, 9 appointed by the PM, 8 appointed by Leader of the Opposition and 1 appointed by Council of Rotuma. | 34 appointed Members; 24 appointed by the GCC, 1 by Rotuman Council and 9 appointed by the President from other races. |
Term of the Senators: 5 years depending on the dissolution of Parliament. | Term of 4 years not affected by dissolution of Parliament. |
State Services: Provides for State services namely: Constitutional Office Commission Public Service Commission Disciplined Services Commission | Same as in the new Constitution with exception of the Constitutional Offices Commission. |
Constitutional Office Commission: The following positions are appointed by this Commission: Supervisor of Election Ombudsman Auditor-General Director of Public Prosecutions Secretary-General to Parliament Commissioner of Police Government of reserve Bank Persons appointed to these positions must retire at 65 years. | All positions appointed by the Public Service Commission except, the DPP appointed by Judicial Services Commission. Commissioner of Police appointed by Police Service Commission and Governor of Reserve Bank appointed by the Minister of Finance. Appointees must retire at 55 years. |
Chief Justice (CJ): CJ appointed by the President on the advice of PM after consultation with the Leader of the Opposition, CJ retires at 70 years while other High Court judges retire at 65 years. | CJ appointed by President, on the advice of Cabinet with no retirement age. Other judges retire at 65 years. |
Compact: Non-justiciable compact section that provides a working framework for the conduct of Government. | No compact |
Bill of Rights: Provides for the rights of individuals in accordance with international conventions with a new Human Rights Commission to promote these rights. | Ombudsman responsible for the promotion of human rights provided for under the Constitution. |
Social Justice Programmes: Parliament must provide social programmes for disadvantaged people to assist them in education & training, land and housing, State services and commercial enterprises. | Not as specific as that in the new Constitution. |
Citizenship: More comprehensive provisions and less restrictive provisions relating to citizenship by registration or naturalisation. | Restricted citizenship laws. |
Code of Conduct: Obligates Parliament to enact legislation for a new Code of Conduct for Members of Parliament and senior public officer with respect to the performance of their functions. | No provisions for a code of conduct. |
Protected Group Rights: Following legislation can only be altered if they are passed in both Houses of Parliament and are supported by 9 of the 14 Senators nominated by the GCC. These laws are: Fijian Affairs Act Fijian Development Fund Act Native Land Act Native Land Trust Act Rotuman Act Rotuman Land Act Banabans Land Act Banabans Settlement Act | Similar requirements. These laws can only be changed if passed by both Houses of Parliament and supported by at least 18 of the 24 Senators nominated by the GCC. |
Sector Standing Committees: Establishment of a parliamentary sector standing committee system. Must be at least five sector standing committees to be formed to scrutinise government policies and legislation. Ministers shall not be members of these Committees | No provisions for such a system. |
Freedom of information: Requires Parliament to enact freedom of information laws giving members of the Public right of access to official government documents. | No provision. |
Amendment to Constitution No requirement for change or review. Changes to provisions of the new Constitution must be supported by 2/3 Members of each House and in regard to changes to the Fijian communal seats, at least 15 of the 23 Members must support the changes. Similarly for Indians seats, at least 13 of the 19 Members must approve the changes and for General Electors, at least 2 of the 3 Members must support the changes. | Constitution had to be reviewed 7 years after promulgation and every 10 years thereafter. |
Commander of the Armed Forces: Appointed by President on the advice of relevant Minister. | Appointed by the President on the advice of PM for 5 years. |
Solicitor-General: Appointed by the Judicial services Commission after consultation with the Attorney General. | No provision. |
Financial Management of the State: Allows for the management of the States financial system in accordance with accepted accounting practices. | Provides for management on a cash accounting basis. |
Auditor-Generals Report: Must be delivered to the Speaker of the House of Representatives for tabling in Parliament within 30 days and a copy to be sent to the Minister of Finance. | Report is delivered to the Minister of Finance who shall then table it in Parliament. |