The Fijian Cabinet is set to present a significant matter to the Supreme Court on Friday, concerning the interpretation and application of the Constitution, specifically targeting the amendment provisions outlined in sections 159 and 160 of the 2013 Constitution. This referral follows the Cabinet’s recent endorsement, which allows them to seek the Supreme Court’s opinion under section 91(5) of the Constitution—a provision designed to facilitate legal clarity in constitutional matters.
A government statement revealed that the Cabinet’s request for the Supreme Court’s guidance highlights the high threshold currently imposed for amending the Constitution, which has made the reform process particularly challenging. The matter was formally filed in the Supreme Court Registry last week, and the Court is expected to offer directions on how to proceed with the reference during Friday’s hearing.
The Attorney-General, Graham Leung, has previously emphasized the government’s dedication to constitutional law reform, advocating for a more accessible amendment process to strengthen governance frameworks. He has pointed out that past constitutions historically did not require public referendums for amendments, expressing that the current supermajority requirement may be undemocratic and serve to stifle necessary reforms.
Engaging the expertise of Senior Counsel Bret Walker, a respected figure in constitutional law from Australia, the government aims to bolster its arguments in court. This strategic step reflects a broader intention to support ongoing discussions about constitutional reforms that resonate with the diverse voices of the Fijian populace.
Prime Minister Sitiveni Rabuka has also expressed that if the current amendment structure is deemed unconstitutional, it could open avenues for significant reform, ultimately aiming for a governance framework that aligns with contemporary societal needs.
Overall, the proactive steps being taken by the government indicate a hopeful trajectory towards creating a more inclusive and representative governance structure in Fiji. The ongoing dialogue about these imminent changes holds the potential to foster a political environment conducive to democratic participation, encouraging a constitutional framework that truly reflects the aspirations of all Fijians.
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