Fiji’s Bold Move: Seeking Supreme Court Insight on Constitutional Reform

In a recent Cabinet meeting, Fiji’s government decided to seek guidance from the Supreme Court regarding the interpretation and application of amendment provisions in the 2013 Constitution. This decision comes after the government was unable to secure the necessary three-quarters majority in Parliament for proposed constitutional amendments.

The Cabinet has selected Senior Counsel Bret Walker, a prominent Australian barrister known for his expertise in constitutional law, to represent them in the Supreme Court. Walker’s extensive experience is expected to provide the government with solid legal grounds as they pursue this important legal opinion.

Prime Minister Sitiveni Rabuka previously indicated the Cabinet would explore this path after attempts to amend the Constitution fell short, with the final parliamentary vote recording 40 in favor and 14 against, while one member abstained. Should this legal approach not yield the desired outcome, Rabuka expressed that Fiji would have no option but to continue operating under the existing constitutional framework.

This strategic maneuver reflects the government’s ongoing commitment to reforming the Constitution in a manner that truly represents the diverse voices of Fiji’s population. The guidance sought from the Supreme Court may pave the way for a more manageable process in undertaking future amendments, addressing the high hurdles imposed by the current supermajority requirements.

Efforts for constitutional reform have been ongoing, as the Prime Minister and Deputy Prime Minister Manoa Kamikamica have both spoken about the necessity for a governance structure that meets the needs of all Fijians. The engagement of Walker as legal counsel signifies a hopeful step towards clarity and potentially more inclusive governance.

Amid these challenges, there is a renewed sense of optimism surrounding the dialogue on constitutional reform. Sustained efforts to include diverse perspectives could lead to a more unified and representative political landscape in Fiji, facilitating a government framework that aligns closely with the aspirations of all its citizens.