Legal Services in Fiji Part 2: Pathways to Reform of Legal Profession Regulation

Abstract

In June 2024, the Supreme Court of Fiji issued an opinion on the eligibility of former Acting Director of Public Prosecutions (DPP) John Rabuku and Judge Qetaki to hold office, clarifying the interpretation of eligibility requirements for appointments to the judiciary and other public offices under Fiji’s 2013 constitution. In effect, the opinion means any lawyer found guilty of professional misconduct in a disciplinary proceeding may not be appointed as a magistrate or judge in Fiji nor hold various senior government roles. By finding that Rabuku was not validly appointed, the status of approximately 300 prosecutions commenced between his appointment in October 2023 and his resignation in August 2024 has been called into question. The Supreme Court noted that Fiji’s Legal Practitioners Act 2009 (LPA 2009) only has a single complaint mechanism, unlike in Australia and New Zealand. A ‘two-tier’ system could ensure that lawyers penalised for less serious regulatory breaches could remain eligible to be appointed to the judiciary and other public offices under the 2013 constitution. The LPA 2009 is currently being reviewed. Public consultations took place in 2023, and a public draft bill is anticipated to come soon. In this second instalment of a two-part In Brief series on legal services in Fiji, I draw from data collected during my PhD fieldwork in 2019 to understand possible pathways to reform of lawyer regulation in Fiji.