Attorney General of Fiji
 |
|---|
| This article is part of a series on the politics and government of Fiji |
|
Legislative
|
|
Judiciary |
|
Fiji's chief governmental legal officer is the Attorney General.[1] The office is usually held by the Minister for Justice, although they are distinct offices. Like other members of the Fijian Cabinet, the Attorney-General is appointed by the President on the advice of the Prime Minister.
According to the 2013 Constitution of Fiji, the Attorney-General is required to be a registered legal practitioner in Fiji, with not less than fifteen years' post-admission legal practice, either in Fiji or internationally.[2] The Attorney General is a member of the Cabinet of Fiji,[3] and is normally expected to be a Member of Parliament. The Prime Minister may, however, choose an Attorney General from outside Parliament if he or she considers that there is no suitably qualified Member of Parliament who supports the Government. An Attorney General who is not a Member of Parliament may sit in Parliament, but may not vote.[4]
The office of the Attorney-General is the oldest surviving executive office in Fiji, having been established in the Kingdom of Fiji in 1872. It continued throughout Fiji's years as a British crown colony (1874–1970) and subsequently as the Dominion of Fiji (1970–1987) and republic (1987–present), with minimal modifications.
The Attorney-General was the only Cabinet office, apart from that of the Prime Minister, specifically established by the 1997 Constitution, which required the Attorney-General to be a member of either the House of Representatives or the Senate. A unique feature of the office was that except for voting rights (which could be exercised only in the chamber of which the Attorney-General was officially a member), the Attorney-General had the authority to participate in the business of both chambers of Parliament. This feature became redundant upon the adoption of the 2013 Constitution, which established a unicameral parliament.
Role of the Attorney-General's Office
The role of the Attorney-General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".[5] Thus, the Attorney-General is responsible for all legal needs of government departments, statutory bodies, and state-owned enterprises.
The office has three offices in Suva, Lautoka, and Labasa respectively. Government legal work in the country's Central and Eastern Divisions is undertaken by the central office in Suva, headed by the Solicitor-General, while the Lautoka office (headed by the Principal Legal Officer) is responsible for the Western Division. The Northern Division is covered by the Labasa office.
Controversies
The current Attorney General is Aiyaz Sayed-Khaiyum. In January 2008, he sparked controversy by accepting other government positions in addition to his role as Attorney General. Sayed-Khaiyum is currently responsible also for "Public Enterprise, Electoral Reform and Anti-Corruption". An article in the Fiji Times pointed out that "never before in the history of this nation has the Attorney-General held a portfolio dealing with matters other than the law and the judiciary", and criticised the decision.[6]
List of Attorneys-General of Fiji
Note that some Attorneys-General have held office in multiple consecutive administrations, particularly in the colonial era.
Kingdom of Viti (1871–1874)
| No. | Name | Term of Office | Appointed by (King): |
|---|---|---|---|
| 1. | Robert Wilson Hamilton | 1872 | Seru Epenisa Cakobau |
| 2. | Charles Rossiter Forwood | 1872–1873 | |
| 3. | Sydney Charles Burt | 1873–1874 | |
Crown colony (1874–1970)
| No. | Name | Term of Office | Appointed by (Governor): |
|---|---|---|---|
| 4. | James Herman De Ricci | 1875–1876 | Sir Arthur Hamilton Gordon |
| 5. | Joseph Hector Garrick | 1876–1882 | Sir Arthur Hamilton Gordon |
| 6. | Fielding Clarke | 1882–1886 | Sir William Des Vœux |
| 7. | Henry Spencer Berkeley | 1886–1889 | |
| 8. | John Symonds Udal | 1889–1899 | Sir John Bates Thurston |
| 9. | Henry Edward Pollock | 1901–1903 | William Lamond Allardyce |
| 10. | Albert Ehrhardt | 1903–1914 | Sir Henry Moore Jackson |
| 11. | Alfred Karney Young | 1914–1922 | Sir Ernest Bickham Sweet-Escott |
| 12. | Sir Kenneth MacKenzie | 1922–1927 | Sir Cecil Hunter Rodwell |
| 13. | Percy Alexander McElwaine | 1927–1931 | Sir Eyre Hutson |
| 14. | Charles Gough Howell | 1931–1933 | Sir Arthur George Murchison Fletcher |
| 15. | Ransley Samuel Thacker | 1933–1938 | |
| 16. | Edward Enoch Jenkins | 1938–1945 | Sir Arthur Frederick Richards |
| 17. | John Henry Vaughan | 1945–1949 | Sir Alexander Grantham |
| 18. | Brian Andre Doyle | 1949–1956 | Sir Brian Freeston |
| 19. | Ashley Martin Greenwood | 1956–1963 | Sir Ronald Herbert Garvey |
| 20. | Henry Roger Justin Lewis | 1963–1970 | Sir Kenneth Phipson Maddocks |
Dominion (1970–1987)
| No. | Name | Term of Office | Served under: [1] | |
|---|---|---|---|---|
| Governor-General | Prime Minister | |||
| 21. | John Neil Falvey | 1970–1977 | Ratu Sir George Cakobau | Ratu Sir Kamisese Mara |
| 22. | Sir Vijay R. Singh | 1977–1979 | ||
| 23. | Andrew Indar Narayan Deoki | 1979–1981 | ||
| 24. | Manikam Pillai | 1981–1984 | ||
| Ratu Sir Penaia Ganilau | ||||
| 25. | Qoriniasi Babitu Bale | 1984–1987 | ||
| 26. | Jai Ram Reddy | 1987 | Timoci Bavadra | |
| 27. | Alipate Qetaki | 1987 | vacant | |
| [1] The Attorney-General in this period was formally appointed by the Governor-General, but on the advice of the Prime Minister. | ||||
Republic (1987–present)
| No. | Name | Term of Office | Served under: [1] | |
|---|---|---|---|---|
| President | Prime Minister | |||
| 28. | Sailosi Kepa | 1987–1992 | Ratu Sir Penaia Ganilau | Ratu Sir Kamisese Mara |
| 29. | Apaitia Seru | 1992 | Sitiveni Rabuka | |
| 30. | Kelemedi Bulewa | 1992–1996 | ||
| Ratu Sir Kamisese Mara | ||||
| 31. | Etuate Tavai | 1996–1999 | ||
| 32. | Anand K. Singh | 1999–2000 | Mahendra Chaudhry | |
| Ratu Tevita Momoedonu | ||||
| 33. | Alipate Qetaki | 2000–2001 | Ratu Josefa Iloilo | Laisenia Qarase |
| Ratu Tevita Momoedonu | ||||
| Laisenia Qarase | ||||
| 34. | Qoriniasi Babitu Bale | 2001–2006 | Laisenia Qarase | |
| 35. | Aiyaz Sayed-Khaiyum | 2007–2014 | Rear Admiral (Rtd) Frank Bainimarama | |
| Ratu Epeli Nailatikau | ||||
| 36. | Faiyaz Koya | 2014 | ||
| 37. | Aiyaz Sayed-Khaiyum | 2014–present | ||
| George Konrote | ||||
| [1] The Attorney-General in this period is formally appointed by the President, but on the advice of the Prime Minister. | ||||
See also
References
- ↑ "Welcome to the website of the Office of the Attorney-General". Office of the Attorney-General. © Copyright 2005-2008, Office of the Attorney General. Archived from the original on 24 October 2015. Retrieved 28 October 2015.
- ↑ "Constitution of the Republic of Fiji" (PDF). electionsfiji.gov.fj. p. 55. Archived from the original (PDF) on 23 September 2015. Retrieved 28 October 2015.
- ↑ "Constitution of the Republic of Fiji" (PDF). electionsfiji.gov.fj. p. 55. Archived from the original (PDF) on 23 September 2015. Retrieved 28 October 2015.
- ↑ "Constitution of the Republic of Fiji" (PDF). electionsfiji.gov.fj. p. 55. Archived from the original (PDF) on 23 September 2015. Retrieved 28 October 2015.
- ↑ Office of the Attorney General Archived October 24, 2015, at the Wayback Machine. (Fiji), official website.
- ↑ "Role of the Attorney-General", Fiji Times, January 6, 2008.