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(2) The President appointed under the Executive Authority of Fiji Decree 2009
shall continue to exercise executive authority of Fiji and exercise all the powers
(including making laws by Decree on the advice of Cabinet) vested in him or her under
the Executive Authority of Fiji Decree 2009, until the first sitting of the first Parliament
under this Constitution.
(3) If any vacancy arises in the office of the President before the first sitting of the
first Parliament under this Constitution, then another person shall be appointed to the
office of the President in accordance with the Executive Authority of Fiji Decree 2009.
(4) Notwithstanding the repeal of the Office of the Vice-President and Succession
Decree 2009, until the first sitting of the first Parliament under this Constitution, if the
office of the President is vacant or if the President is absent from duty or from Fiji or is,
for any reason, unable to perform the functions of the office of the President, then the
functions of the office of the President shall be performed by the Chief Justice.
Prime Minister and Ministers
166.—(1) Notwithstanding the repeal of the Executive Authority of Fiji Decree
2009, the Prime Minister and other Ministers appointed under the Executive Authority
of Fiji Decree 2009 shall continue in office until a Prime Minister assumes office under
section 93 of this Constitution.
(2) The Prime Minister and other Ministers shall continue to exercise all the
authority and powers vested in the Prime Minister and other Ministers under the
Executive Authority of Fiji Decree 2009 until a Prime Minister assumes office under
section 93 of this Constitution.
(3) Notwithstanding its repeal and notwithstanding anything contained in this
Constitution, the Executive Authority of Fiji Decree 2009 shall continue to be in force
until the first sitting of the first Parliament under this Constitution.
(4) Notwithstanding the repeal of the laws mentioned in Part C of this Chapter and
notwithstanding anything contained in this Constitution, until the first sitting of the first
Parliament under this Constitution, subordinate laws shall be made in accordance with
laws, rules and procedures applicable prior to the commencement of this Constitution.
Public or Constitutional officers
167.—(1) Any person who immediately before the date of commencement of this
Constitution holds or is acting in a public office shall, from the date of the commencement
of this Constitution hold or act in that office or the corresponding public office established
by this Constitution as if he or she had been appointed to do so in accordance with the
provisions of this Constitution and shall be deemed to have taken any oath or affirmation
required upon such appointment by any existing law.
(2) The provision of this section shall be without prejudice to any power conferred
by or under this Constitution to make provision for the abolition of offices or for the
removal from office of persons holding or acting in any office.
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