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Interim Civilian Government (Establishment) Decree 2000

REPUBLIC OF FIJI

INTERIM CIVILIAN GOVERNMENT (ESTABLISHMENT) DECREE 2000

(INTERIM MILITARY GOVERNMENT DECREE NO. 10 OF 2000)

IN exercise of the power vested in the Interim Military Government by section 2 of the Interim Military Government and Finance Decree No. 3 of 2000, I, Josaia Voreqe Bainimarama, MSD, jssc, psc, the Commodore and Head of the Interim Military Government of Fiji, hereby make the following Decree to establish an Interim Civilian Government.

Short title and commencement

1. This Decree may be cited as the Interim Civilian Government (Established) Decree 2000 and commences on the date it is signed.

Head of Government

2.-(1) The Commander of the Republic of Fiji Military Forces shall be the Head of Government.

(2) If the Head of Government is absent from duty or from Fiji or is for any reason unable to perform the functions of such office, the Head of Government shall in writing appoint another Senior Military Officer to act as Head of Government during his absence.

(3) If no person is appointed under subsection (2), the successor to the Office of the Commodore shall assume the office.

Cabinet

3.-(1) There shall be a Cabinet consisting of a Prime Minister, the Attorney-General and such other Ministers appointed by the Head of Government which is collectively responsible to the Head of Government for the governance of the State.

(2) The Head of Government may appoint a Minister to act in the office of another Minister (including the Prime Minister) during any period when the other Minister is absent from duty or from Fiji or is for any other reason unable to perform the functions of such office.

(3) If no Minister is qualified to act as the Attorney-General, the Solicitor-General may act as the Attorney-General or if the Solicitor-General is unable to act, such other qualified person may be appointed.

(4) The Head of Government may, on the advice of the Prime Minister, appoint Assistant Ministers.

(5) A Minister is appointed on the terms and conditions specified in the instrument of appointment.

(6) A Minister is entitled to remuneration and allowances fixed by the Public Service Commission.

(7) Before taking office, the Prime Minister, the Attorney-General and other Ministers shall take the Oath of Allegiance and Oath of Office set out in the Schedule.

Attorney-General

4. The Attorney-General, who shall be a person qualified to practise as a legal practitioner in Fiji, is the chief legal adviser to the Government.

Functions and responsibilities of Ministers

5.-(1) Ministers (including the Prime Minister) shall have such titles, portfolios and responsibilities as the Prime Minister determines from time to time.

(2) The Head of Government may, on the advice of the Prime Minister, assign to the Prime Minister and to each Minister responsible for the conduct of a specified part of the business of the Government, including responsibility for general direction and control over a branch or branches of the public service or over a disciplined force.

(3) The Prime Minister has the responsibility for any part of the business of the Government that is not specifically assigned under subsection (2).

Head of Government to be kept informed

6. The Prime Minister shall keep the Head of Government generally informed about the matters relating to the governance of the State and shall supply the Head of Government with such information as the Head of Government requests concerning matters relating to the governance of the State.

Vacation of office

7. The office of a Minister is vacated if such Minister resigns or is dismissed for cause by the Head of Government.

Leadership responsibility

8. The Head of Government or a Minister shall conduct himself or herself in his or her publics or private life so as not to-

(a) place himself or herself in positions in which he or she has, or could be seen as having, a conflict between his or her private interests and his or her public duties;

(b) compromise the fair exercise of his or her public duties;

(c) use his or her office for private gains;

(d) allow his or her integrity to be called into question; or

(e) cause respect for, or confidence in, the integrity of the Government to be diminished.

Power to make laws

9. (1) The Government shall have the power to make laws for the peace, order and good governance of the State.

(2) The power to make laws under subsection (1) shall be exercised by means of Decrees signed by the Head of Government on the advice of Cabinet.

Executive authority

10.-(l) The executive authority of the State shall be vested in the Head of Government.

(2) In the exercise of the executive authority or any power under written law the Head of Government shall act only on the advice of the Cabinet, the Prime Minister, Ministers or such other persons or body prescribed in this Decree or any other written law.

(3) A written law may prescribe the circumstances in which the Head of Government may act in his own judgement.

(4) Any function conferred in any written law on the President, House of Representatives or the Senate shall be performed by-

(a) in the case of the President - the Head of Government;

(b) in the case of the House of Representatives or the Senate - the Cabinet.

Amendment and saving

11. Decrees made by the Interim Military Government continue in force as if they were made under section 9 of this Decree and if there is any inconsistency between the provisions of this Decree and the provisions of those Decrees, the provisions of this Decree shall prevail.

Interpretation

12. In this Decree, unless the context otherwise requires-

"Head of Government" means the Commander and Head of the Interim Civilian Government;

"Government" means the Interim Civilian Government established under this Decree;

"Minister" includes the Prime Minister and the Attorney-General.

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SCHEDULE
(Section 3(7))

OATHS/AFFIRMATION OF ALLEGIANCE

I, ..................., being appointed ................................ Prime Minister/Attorney-General/Minister/Assistant Minister, do (swear/solemnly affirm) that I will be faithful and bear true allegiance to the Republic of Fiji, according to law. So help me God*.

OATH/AFFIRMATION FOR THE DUE EXECUTION OF THE OFFICE

I, ................., being appointed .................. Prime Minister/Attorney-General/Minister/Assistant Minister, do (swear/solemnly affirm) that I will to the best of my judgment, at all times when so required, freely give my counsel and advise to the Head of Government (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Fiji, and I do further (swear/solemnly affirm) that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Fiji, directly or indirectly reveal the business or proceedings of the Cabinet or the nature of contents of any document commuted to me as the Prime Minister/Attorney-General/Minister/Assistant Minister or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Attorney-General/Minister/Assistant Minister. So help me God*.

(*To be omitted in affirmation.)

Made at Suva this 4th day of July, 2000

COMMODORE J. V. BAINIMARAMA
MSD, jssc, psc
Commander and Head of the
Interim Military Government of Fiji

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