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[SCH CON 104] Judicial Services Commission104
104
- (a)the Chief Justice, who is to be the chairperson;
- (b)the President of the Court of Appeal;
- (c)the Permanent Secretary responsible for justice;
- (d)a legal practitioner to be appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General and who—
- (i)has not less than 15 years post-admission practice; and
- (ii)has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission; and
- (e)a person, not being a legal practitioner, appointed by the President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General.
(2) In addition to the functions conferred on it elsewhere in this Constitution, the Commission may investigate complaints about judicial officers.
(3) In addition to the functions conferred on it by or under this Constitution, the Commission has such other powers and functions as may be prescribed by a written law.
(4) The Commission shall be responsible for promoting programmes for the continuing education and training of Judges and judicial officers.
(5) The Commission shall be responsible for the efficient functioning of the Judiciary.
(6) The Commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions.
(7) The Commission shall provide regular updates and advice to the Attorney-General on any matter relating to the Judiciary or the administration of justice.
(8) 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.
(9) The secretary of the Commission shall be the Chief Registrar, or any other person performing the functions of that office.
(10) The quorum for the meetings of the Commission shall consist of the chairperson and 2 other members.
(11) The members of the Commission referred to in subsection (1)(d) and (e) shall be appointed for a term of 3 years and shall be eligible for re-appointment.
(12) The members of the Commission referred to in subsection (1)(d) and (e) shall be entitled to such remuneration as determined by the President acting on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the State.
(13) The members of the Commission referred to in subsection (1)(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.
(14) Removal from office of the members of the Commission referred to in subsection (1)(d) or (e) must be pursuant to subsection (15).
(15) 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 (1)(d) or (e) from office ought to be investigated, then—
- (a)the Chief Justice appoints—
- (i)in the case of alleged misbehaviour — a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a Judge; and
- (ii)in the case of alleged inability to perform the functions of office — a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner;
- (b)the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the President and advises the President of its recommendation whether or not the member of the Commission referred to in subsection (1)(d) or (e) should be removed from office; and
- (c)in deciding whether or not to remove the member of the Commission referred to in subsection (1)(d) or (e) from office, the President must act in accordance with the advice of the tribunal or medical board, as the case may be.
(16) The President on the advice of the Chief Justice following consultation by the Chief Justice with the Attorney-General may, on such terms and conditions as he or she deems fit, suspend the member of the Commission referred to in subsection (1)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (15), and may at any time, revoke the suspension.
(17) The suspension of the member of the Commission referred to in subsection (1)(d) or (e) from office under subsection (16) ceases to have effect if the President determines that the person should not be removed from office.
(18) The report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (15) shall be made public.