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(16) The President on the advice of the Chief Justice following consultation by the
Chief Justice with the Attorney-General may, on such terms and conditions as he or she
deems fit, suspend the member of the Commission referred to in subsection (1)(d) or (e)
from office pending investigation and pending referral to and appointment of a tribunal
or a medical board under subsection (15), and may at any time, revoke the suspension.
(17) The suspension of the member of the Commission referred to in subsection
(1)(d) or (e) from office under subsection (16) ceases to have effect if the President
determines that the person should not be removed from office.
(18) The report of the tribunal or the recommendations of the medical board, as the
case may be, made under subsection (15) shall be made public.
Qualification for appointment
105.—(1) The making of appointments to a judicial office is governed by the
principle that judicial officers should be of the highest competence and integrity.
(2) A person is not qualified for appointment as a Judge unless he or she—
(a) holds, or has held a high judicial office in Fiji or in another country
prescribed by law; or
(b) has had not less than 15 years post-admission practice as a legal practitioner
in Fiji or in another country prescribed by law, and has not been found
guilty of any disciplinary proceeding involving legal practitioners whether
in Fiji or abroad, including any proceeding by the Independent Legal
Services Commission or any proceeding under the law governing legal
practitioners, barristers and solicitors prior to the establishment of the
Independent Legal Services Commission.
(3) A person is not qualified for appointment as a Magistrate unless he or she—
(a) holds, or has held a judicial office in Fiji or in another country prescribed
by law; or
(b) has had not less than 10 years post-admission practice as a legal practitioner
in Fiji or in another country prescribed by law, and has not been found
guilty of any disciplinary proceeding involving legal practitioners whether
in Fiji or abroad, including any proceeding by the Independent Legal
Services Commission or any proceeding under the law governing legal
practitioners, barristers and solicitors prior to the establishment of the
Independent Legal Services Commission.
Appointment of Judges
106.—(1) The Chief Justice and the President of the Court of Appeal are appointed
by the President on the advice of the Prime Minister following consultation by the Prime
Minister with the Attorney-General.