CHAPTER 10 - IMMUNITY

Immunity granted under the Constitution of 1990 continues
SECTION 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

SECTION 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Political Events Decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by Parliament.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
SECTION 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).

Immunity entrenched
SECTION 158

(1) Notwithstanding anything contained in this Constitution, this Chapter and any immunity granted or continued in this Chapter shall not be reviewed, amended, altered, repealed or revoked.

(2) Notwithstanding anything contained in this Constitution, no court or tribunal shall have the jurisdiction to accept, hear or make any decision or order with respect to any challenge against the provisions of this Chapter and any immunity granted or continued in this Chapter.

(3) No compensation shall be payable by the State to any person in respect of damage, injury or loss to his or her property or person caused by or consequent upon any conduct from which immunity has been granted under this Chapter.

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 1 - Requests by Fiji, 16. Immunities''

(1) Where a person is in Fiji pursuant to a request under section 14, or to give evidence in a proceedings, or to give assistance in relation to an investigation, pursuant to a request made by or on behalf of the Attorney-General (not being a request under section 14) for international assistance in a criminal matter, the person, subject to subsection (2), shall not-
(a) be detained, prosecuted or punished in Fiji for any offence that is alleged to have been committed, or that was committed, before the person's departure from the foreign country pursuant to the request;
(b) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person's departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected to if the person were not in Fiji;
(c) be required to give evidence in any proceedings in Fiji other than the proceedings to which the request relates;
(d) be required, in the proceedings to which the request relates, to answer any question that the person would not be required to answer in a proceeding in the foreign country relating to a criminal matter; or
(e) be required, in the proceedings to which the request relates, to produce any document or article that the person would not be required to produce in a proceedings in the foreign country relating to a criminal matter.
(2) A duly authorised foreign law immunity certificate is admissible in proceedings as prima facie evidence of the matters stated in the certificate.
(3) Subsection (1) ceases to apply to a person if -
(a) the person has left Fiji; or
(b) the person has had the opportunity of leaving Fiji and has remained in Fiji otherwise than for-
(i) the purpose to which the request relates;
(ii) the purpose of giving evidence in a proceeding in Fiji certified by the Attorney-General, in writing, to be a proceedings in which it is desirable that the person give evidence; or
(iii) the purpose of giving assistance in relation to an investigation in Fiji certified by the Attorney-General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.
(4) A certificate given by the Attorney-General under subparagraph (3)(b)(ii) or (iii) is effective from the date of the certificate.