Unity Fiji leader Savenaca Narube has criticized the Supreme Court’s advisory on the government’s constitutional motions, arguing that while the court acknowledged the 2013 Constitution’s undemocratic origins, it effectively legitimizes the document by allowing it to endure through time, elections, and acceptance by the people.
In a statement issued today, Narube said the court’s ruling also marks a partial step forward by easing the path for constitutional change, though he warned it falls short of the party’s broader goals. “The Supreme Court has conceded that the 2013 Constitution was imposed on the people. But it then ruled that because of the passage of time, laws, and three elections, it has been accepted by the people,” he said. “This finding will disappoint a lot of people, including Unity Fiji.”
Narube raised concerns about the legal approach used by the court, suggesting it favored those who overthrew elected governments. He argued that common law must be applied in its proper context and that the constitutional procedure used in this case was not the appropriate method to test the legitimacy of the 2013 Constitution. “I believe the ruling favored those that illegally overthrew elected governments,” he contended, calling Fiji and its court system to reject the coup culture and to move toward a future free of such precedents.
Despite the criticisms, Narube noted that the court’s advisory could open a more workable route for reform, a point echoed by Unity Fiji in related discussions. The party has previously welcomed the court’s suggestion that amendments could proceed through a two-step process—two-thirds parliamentary support for readings followed by a referendum majority to bind changes—while underscoring that Parliament must remain central to any amendments. Unity Fiji also emphasized the importance of public engagement and broad consultation in any constitutional overhaul, and it pledged to study the full judgment with its legal team before deciding on next steps.
Analysts and reform advocates view the advisory as a pivotal moment in Fiji’s constitutional journey. They see the move away from a onerous 75 percent double-entrenchment toward a system that requires both legislative backing and popular consent as a balance between stability and democratic legitimacy. There is growing talk of nationwide dialogue, a constitutional review mechanism, and inclusive processes to ensure reforms reflect Fiji’s multiracial society.
Looking ahead, supporters say the court’s guidance could help Fiji craft a more legitimate, participatory framework for constitutional change while preserving essential safeguards. If implemented with robust public involvement, the pathway could yield a more durable constitution that better reflects the will of the people and strengthens governance.
Summary
– The Supreme Court acknowledged the 2013 Constitution’s imposed origins but suggested it has been accepted through time and elections.
– Narube criticized the ruling as enabling the coup-era framework, while acknowledging the advisory’s potential to ease reform.
– The court proposed a two-step amendment process (Parliament two-thirds readings plus a referendum), replacing the old 75 percent entrenchment, with Parliament retaining a central role and public participation emphasized.
– Unity Fiji plans to study the judgment and pursue further reforms through lawful, inclusive means, including public consultation and possibly a constitutional review mechanism.
Commentary and value-added notes
– This development underscores the ongoing tension in Fiji between maintaining political stability and pursuing a genuinely participatory constitutional reform process.
– The emphasis on public involvement and a clear, inclusive path to amendments could help rebuild trust in constitutional reforms if complemented by transparent dialogue and civil society engagement.
– Readers should watch how Cabinet and Parliament translate advisory guidance into concrete steps, and whether formal mechanisms like a Constitution Review Commission or nationwide dialogues gain traction in the months ahead.
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