In compliance with section 91(5) of the Constitution of the Republic of Fiji, Cabinet will make a referral to the Supreme Court of Fiji concerning the interpretation of sections 105(2)(b) of the Constitution.
This will be particularly in relation to whether an Independent Legal Services Commission (ILSC) finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.
Cabinet passed this during its meeting in Suva on Tuesday.
The provisions of the Constitution of the Republic of Fiji (2013) on the disqualification from office for potential members of the Judiciary, and holders of the position of Director for Public Prosecutions (DPP) and other constitutional offices have been a matter of public discussion and disagreement, including between the Fiji Law Society (FLS) and the Acting Chief Justice.
The Office of the Solicitor -General will prepare the necessary application on behalf of Cabinet to the Supreme Court for consideration in the April 2024 Sitting of the Supreme Court.
