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CHAPTER 10—IMMUNITY
Immunity granted under the Constitution of 1990 continues
155. Notwithstanding the abrogation of the Constitution Amendment Act 1997 and
despite the repeal of the Constitution of 1990, Chapter XIV of the Constitution of 1990
continues in force in accordance with its tenor, and the immunity granted in Chapter XIV
of the Constitution of 1990 shall continue.
Immunity granted under the Limitation of Liability for Prescribed Political Events Decree 2010 continues
156.—(1) The immunities granted to prescribed persons for prescribed political
events under the Limitation of Liability for Prescribed Political Events Decree 2010
shall continue in existence.
(2) Notwithstanding anything contained in this Constitution, the Limitation of
Liability for Prescribed Political Events Decree 2010 shall, in its entirety, continue in
existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.
Further immunity
157. Absolute and unconditional immunity is irrevocably granted to any person
(whether in their official or personal or individual capacity) holding the office of, or
holding the office in, as the case may be—
(a) the President;
(b) the Prime Minister and Cabinet Ministers;
(c) Republic of Fiji Military Forces;
(d) Fiji Police Force;
(e) Fiji Corrections Service;
(f)
Judiciary;
(g) public service; and
(h) any public office,
from any criminal prosecution and from any civil or other liability in any court,
tribunal or commission, in any proceeding including any legal, military, disciplinary
or professional proceedings and from any order or judgment of any court, tribunal
or commission, as a result of any direct or indirect participation, appointment or
involvement in the Government from 5 December 2006 to the date of the first
sitting of the first Parliament elected after the commencement of this Constitution,
provided however any such immunity shall not apply to any act or omission that
constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to
361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the
Crimes Decree 2009 at the date of the commencement of this Constitution).
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