News article on Friday’s Fiji Sun entitled ‘Serve Minister in Parliament, High Court orders’

I wish also to address a recent media report, including a front-page article published in the Fiji Sun on Friday, 14 August 2026, which suggested that a senior Minister of Parliament who has allegedly been difficult to locate for service of court documents ‘will now have to be served in Parliament.’

Given the public interest generated by that report, it is necessary for the Chair to clarify the law, parliamentary practice, and the privileges of Parliament concerning the service of legal process within the Parliamentary precincts.

The Parliamentary Powers and Privileges Act 1965 provides clear statutory protection regarding the service of court process within Parliament.

Section 5 of the Act states –

“No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of Parliament while Parliament is sitting or through the Speaker, the President, the Clerk, or any officer of Parliament.”

The Act further defines the ‘precincts of Parliament’ as –

“The chamber and offices of Parliament and any places provided for the use or accommodation of strangers, members of the public or representatives of the press and includes, while Parliament is sitting, and subject to any exceptions made by direction of the Speaker or President, the entire building in which the chamber of Parliament is situated, and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to such building and used or provided for the purposes of Parliament.”

The effect of these provisions is clear. While Parliament is sitting, court documents and other legal processes may not be served or executed within the Parliamentary precincts. Nor may the Speaker, the Clerk, or any Officer of Parliament be utilised as a conduit for service upon a Member.

This is consistent with the practice set out by the House of Commons, and documented in Erskine May (see May 25^th ed, para 15.11) that is, it is a contempt for court documents (whether for civil or criminal cases) to be served on a Member within the Parliamentary precincts when the House (or potentially a committee, to which that member belongs) without first obtaining leave of the House to do so. The rationale is that service could obstruct or impede the House (or committee), and a Member’s participation in it.

This parliamentary protection is not designed to place Members of Parliament above the law. Rather, it is a long-established parliamentary privilege inherited from the Westminster tradition and exists to protect the independence, dignity and uninterrupted functioning of Parliament.

The purpose of the rule is to ensure that Members are able to discharge their constitutional responsibilities without interference, distraction or obstruction during parliamentary proceedings.

The Chair notes that parliamentary privilege belongs to Parliament as an institution. It is not a personal exemption from legal accountability, nor does it extinguish a Member’s obligations under the law. Members remain subject to the jurisdiction of the courts and may be served outside the precincts of Parliament and outside times when Parliament is sitting.

The Chair also acknowledges that constitutional principles, including access to justice, equality before the law, and the jurisdiction of the courts, are important considerations in Fiji’s constitutional framework. Where exceptional circumstances arise, particularly where urgent judicial relief is sought, questions concerning the interaction between parliamentary privilege and constitutional rights are matters that may ultimately fall for determination by the courts.

The Speaker is bound to uphold the provisions of the Parliamentary Powers and Privileges Act 1965 and to protect the privileges and immunities vested in Parliament.

Accordingly, the Chair rules that –

1. No court process may be served or executed within the Parliamentary precincts while Parliament is sitting, pursuant to section 5 of the Parliamentary Powers and Privileges Act 1965;
2. No Member of Parliament may be served through the Speaker, the Clerk, or any officer of Parliament while Parliament is sitting;
3. Any attempt to effect service within the precincts during a sitting may constitute an interference with the privileges of Parliament and may be treated as a matter of privilege or possible contempt;
4. The court officials to serve documents to the Member at the Ministerial office, or home, or return to Parliament on a day when the House (or committee) is not sitting; and
5. This ruling should not be construed as conferring immunity from legal proceedings upon any Member of Parliament, who remains subject to the law and the jurisdiction of the courts in accordance with the Constitution and applicable legislation.

The Chair trusts that this clarification will assist Members, the media, and the public in understanding the legal position.