THE minister appointed as the Attorney-General will be the chief legal adviser to the government, states the new 2013 Constitution.
The Constitution states that a person is not qualified to be appointed as Attorney-General unless he or she is admitted as legal practitioner in Fiji and has had not less than 15 years post admission practice as a legal practitioner in Fiji.
"And has not been found guilty of any disciplinary proceedings involving legal practitioners whether in Fiji or abroad, including any proceedings 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," the new Constitution stated.
Also, if the Prime Minister considers that there are no members of Parliament who belong to the Prime Minister's political party, belong to any political party in collation with the Prime Minister's political party or 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, the Constitution states.
The Constitution states that this would be done if the person is a legal practitioner who is qualified to be appointed as the Attorney-General and is qualified to be a candidate for election to Parliament under section 56.
The new Constitution also states that 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 that he or she not be eligible to vote in Parliament.
The Constitution states that any person appointed as the Attorney-General must not, during the term of his or her appointment, 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.