August 23, 2013

Constitution retains immunity provision

Nanise Loanakadavu
Friday, August 23, 2013

THE provision for immunity granted in Chapter 14 of the 1990 Constitution will continue in the final version of the 2013 Constitution that was released to the public yesterday.
The 2013 Constitution states that immunities granted to prescribed persons for prescribed political events under the Limitation of Liability for Prescribed Political Events Decree 2010 shall continue in existence.
It also states that notwithstanding the abrogation of the Constitution Amended Act 1997 and despite the repeat of the Constitution of the Sovereign Republic of Fiji (Promulgation) Decree 1990, chapter XIV of the Constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in chapter XIV of the Constitution of 1990 shall continue. It adds that notwithstanding anything contained in this Constitution, the decree shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.
The 2013 Constitution states that absolute and unconditional immunity is irrevocably granted to the President, Prime Minister and Cabinet ministers, Republic of Fiji Military Forces, Fiji Police Force, Fiji Corrections Service, judiciary, public service and any public office.
It states that any immunity granted or continued shall not be reviewed, amended, altered, repealed or revoked and no court or tribunal shall have the jurisdiction to accept, hear or make any decision or order with respect to any challenge against the provisions and any immunity granted or continued.
It also states that no compensation shall be payable by the state to any person in respect of damage, injury or loss to his or her property or person caused by or consequent upon any conduct from which immunity has been granted.

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