The Fijian Cabinet has submitted formal referrals to the Supreme Court concerning the interpretation and application of the Constitution. These papers were filed in the Supreme Court Registry last Friday, as part of a legal strategy outlined under Section 91(5) of the 2013 Constitution, which allows the Cabinet to seek the Court’s opinion on constitutional matters.
Specifically, the Cabinet is requesting clarification on the constitutional amendment processes detailed in sections 159 and 160. These sections impose a high threshold for constitutional change, which the current government argues complicates or hinders necessary reforms.
Prime Minister Sitiveni Rabuka has expressed that the current framework requires a “super majority” for amendments, which can create significant barriers to legislative change. This formal reference also highlights the Cabinet’s commitment to a process of transparency and inclusivity, aiming to reflect the diverse voices of Fijians in governance.
In recent related developments, legal counsel Bret Walker from Australia has been engaged to assist the government in navigating this legal landscape, highlighting a concerted effort to bolster the arguments presented to the Supreme Court. Both the Prime Minister and Deputy Prime Minister Manoa Kamikamica have previously voiced the need for constitutional reform to align more closely with public aspirations.
As the case proceeds to a directions hearing scheduled for this Friday, there is anticipation that the Supreme Court may set a timeline for legal submissions and offer guidance on the hearing processes. This engagement with the judicial system signals a proactive approach by the Fijian government, fostering hope for a governance structure that better represents its citizens’ interests and is more adaptable to contemporary societal needs.
The government’s ongoing dialogue about the implications of constitutional reform suggests a determined effort to create a more responsive political environment. The upcoming judicial proceedings may serve as a pivotal moment for potential reforms that could pave the way for a renewed commitment to democratic participation in Fiji.
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