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(2) The Judges of the Supreme Court, the Justices of Appeal and the Judges of
the High Court are appointed by the President on the recommendation of the Judicial
Services Commission following consultation by it with the Attorney-General.
(3) The President may, on the advice of the Prime Minister following consultation
by the Prime Minister with the Attorney-General, appoint a Judge or a person who is
qualified for appointment as a Judge to act as the Chief Justice during any period, or
during all periods, when the office of the Chief Justice is vacant or when the Chief
Justice is absent from duty or from Fiji or is, for any reason, unable to perform the
functions of office.
(4) The President may, on the recommendation of the Judicial Services Commission
following consultation by it with the Attorney-General, appoint a person to act as a Judge
of the High Court during any period or during all periods, when an office of a Judge of
the High Court is vacant or when a Judge is absent from duty or from Fiji or is, for any
reason, unable to perform the functions of office.
(5) A person is not eligible to be appointed under subsection (4) unless he or she is
qualified for appointment as a Judge.
Other appointments
107.—(1) The Judicial Services Commission has the authority to appoint
Magistrates, Masters of the High Court, the Chief Registrar, and other judicial officers
as may be prescribed by any written law.
(2) In making appointments under subsection (1), the Judicial Services Commission
must consult with the Attorney-General.
Judicial department employees
108.—(1) The Judicial Services Commission has the authority to appoint, remove
and take disciplinary action against all non-judicial officers employed in the Judiciary.
(2) The Judicial Services Commission has the authority to determine all matters
pertaining to the employment of non-judicial officers employed in the Judiciary,
including—
(a) the terms and conditions of employment;
(b) the qualification requirements for appointment and the process to be
followed for appointment, which must be an open, transparent and
competitive selection process based on merit;
(c) the salaries, benefits and allowances payable, in accordance with its budget
as approved by Parliament; and
(d) the total establishment or the total number of non-judicial officers that are
required to be appointed, in accordance with the budget as approved by
Parliament.
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