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(2) A person is not qualified to be appointed as the Attorney-General unless he or
she—
(a) is admitted as a legal practitioner in Fiji and has had not less than 15 years
post-admission practice as a legal practitioner whether in Fiji or abroad;
and
(b) 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) If the Prime Minister considers that there are no members of Parliament who—
(a) belong to the Prime Minister’s political party;
(b) belong to any political party in coalition with the Prime Minister’s political
party; or
(c) are independent candidates who support the Prime Minister,
who are qualified, suitable or available to be appointed as the Attorney-General,
then the Prime Minister may appoint a person who is not a member of Parliament
as the Attorney-General if that person—
(i)
is a legal practitioner who is qualified to be appointed as the
Attorney-General under subsection (2); and
(ii)
is qualified to be a candidate for election to Parliament under section
56.
(4) A person appointed as the Attorney-General under subsection (3) shall be
entitled to take part in Cabinet as a Minister, and to sit in Parliament, provided however
that he or she shall not be eligible to vote in Parliament.
(5) Any person appointed as the Attorney-General must not, during the term of his
or her appointment as the Attorney-General, practice as a legal practitioner in a law firm
or have any interest in a law firm or have any law firm practice under his or her name.
(6) The Prime Minister may appoint a Minister or a member of Parliament or
another person (in accordance with subsection (3)) who is qualified to be appointed
as the Attorney-General to act as the Attorney-General during any period, or during
all periods, when the Attorney-General is absent from duty or from Fiji or is, for any
other reason, unable to perform the functions of office, and a notification of the acting
appointment must be published in the Gazette.
(7) Subsection (5) does not apply to any person appointed to act as the AttorneyGeneral under subsection (6).