Constitutional lawyer Jon Apted expressed skepticism about the feasibility of reverting to the 1997 Constitution during the Attorney-General’s Conference held at the Sheraton Fiji Resort and Spa in Nadi. He emphasized that “too much water has passed under the bridge,” indicating substantial challenges in implementing such a comeback due to logistical and institutional complexities.
Apted discussed the complications involved in determining the new makeup of Parliament, the Senate, and the judiciary under a restored constitutional framework. He mentioned proposals to return to the 1997 Constitution through court action stemming from the Qarase and Chandrika Prasad cases, but he deemed this approach impractical, citing confusion around who would hold key government roles and how new elections could be organized.
He characterized the current political landscape in Fiji as a “unique moment for change,” suggesting that the disappearance of the FijiFirst party has opened avenues for potential constitutional reform. The remaining MPs have shown indications that they may be open to discussions on constitutional change. Additionally, Apted referenced a recent Supreme Court ruling which reflects a judiciary willing to consider innovative interpretations of the Constitution.
Apted outlined various proposals for reform, including a potential referendum on the existing constitutional frameworks and challenges to the validity of the 2013 Constitution. However, he pointed out several issues with implementing a referendum, such as defining clear questions, establishing thresholds, and dealing with cases where some provisions might be accepted while others are not.
His comments come at a time of increasing calls for constitutional reform in Fiji, highlighting the need to re-evaluate the country’s governance structures in light of evolving political dynamics.
In summary, Apted’s insights present a realistic view of the challenges facing Fiji’s constitutional reform efforts while remaining cautiously optimistic about the potential for change. His remarks reflect a growing momentum towards reevaluating governance in Fiji, underscoring the chance for constructive dialogue and evolution within the country’s political framework. The willingness of some politicians to engage in such discussions bodes well for future reform initiatives.
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