The Fijian government has taken decisive steps to seek legal clarity regarding the amendment provisions of the 2013 Constitution by hiring Australian senior counsel Bret Walker. This decision, approved by the Cabinet, focuses on addressing concerns about the complexity and challenges associated with instituting constitutional changes.
The move to seek an opinion from the Supreme Court comes amid local political discussions signified by Fiji Labour Party leader Mahendra Chaudhry, who emphasized the urgency for constitutional amendments ahead of the next general elections. Chaudhry asserted that under the existing Constitution, the government’s mandate is limited to a four-year term, necessitating elections unless substantial alterations are made to the constitutional framework.
This initiative to engage with the Supreme Court follows previous attempts by the government to amend the Constitution through parliamentary means, which have not garnered the necessary supermajority support. Prime Minister Sitiveni Rabuka’s administration is exploring this legal avenue in hopes of paving a more accessible path for future amendments, which currently require agreement from three-quarters of both Parliament and the electorate.
Legal experts, including Attorney-General Graham Leung, have raised concerns that the rigid amendment process may hinder necessary reforms and reflect the evolving needs of Fiji’s population. By consulting with counsel like Bret Walker, known for his expertise in constitutional law, the government hopes to clarify ambiguities in the Constitution, ensuring that any reforms enacted will align with legal standards while being responsive to the people’s will.
This proactive approach highlights a hopeful step towards fostering a more inclusive governance structure that addresses public demands for representation and adaptability within Fiji’s legal framework. Encouraging dialogue and community engagement in this process could lead to a governance system that better encapsulates the diverse voices and aspirations of all Fijians.
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