In a significant move towards constitutional reform, the Fijian Cabinet has officially sought the Supreme Court’s guidance on critical questions regarding the interpretation and application of their Constitution. This unprecedented request was filed on May 16, under Section 91(5) of the 2013 Constitution, seeking judicial clarity on the complex legal mechanics of amending their supreme law.
The referral focuses primarily on sections 159 and 160 of the Constitution, which detail the amendment provisions. The Cabinet argues that these provisions impose a “high threshold” for change, thus creating substantial barriers to necessary reforms. Prime Minister Sitiveni Rabuka has previously pointed out that the requirement for a “super majority” complicates legislative changes aimed at better addressing the needs of the Fijian populace.
This strategic step reflects the Government’s commitment to a transparent and inclusive process for constitutional law reform. The Supreme Court is set to hold a directions hearing on May 23, where it will establish a timeline for legal submissions and further outline how the case will proceed.
The engagement of Senior Counsel Bret Walker from Australia, a noted expert in constitutional law, suggests that the government is prepared to strengthen its case and navigate the legal landscape effectively. This proactive approach is aimed at fostering a governance framework that is more reflective of the diverse voices of Fijians, potentially paving the way for a more adaptable system that resonates with contemporary societal needs.
The ongoing dialogue surrounding the complexities of constitutional reform in Fiji is a positive indication of a commitment to democratic principles and a genuine attempt to enhance public participation in governance. As this legal process unfolds, it offers hope for a future where the constitutional framework is more aligned with the aspirations and voices of all Fijians, marking a pivotal moment for the country’s democratic evolution.
Leave a comment