Fiji’s Constitution in Hot Water: Will the Supreme Court Step In?

Prime Minister Sitiveni Rabuka announced that the Fijian government is considering approaching the Supreme Court regarding the legitimacy of the 2013 Constitution, potentially as soon as next week. During a media briefing, Rabuka indicated that the specific questions to be posed are formulated, pending finalization in a Cabinet meeting scheduled for next Tuesday.

Rabuka highlighted the significance of adhering to the Supreme Court’s schedule, affirming that the government would not exercise its executive power to hasten the Judiciary into an unscheduled session. He also mentioned that Fiji has operated under the 2013 Constitution since its inception and can afford to await the court’s assessment.

The Prime Minister expressed apprehension over the existing constitutional structure, asserting that it poses significant challenges to amending the Constitution, which in turn hampers government functionality. He criticized the barriers established by individuals no longer in Parliament or those who have passed away, rendering constitutional changes particularly arduous.

Earlier this month, Parliament rejected a Bill that aimed to lower the threshold for constitutional amendments from three-quarters to two-thirds and eliminate the requirement for a national referendum. The vote fell just short, with only 40 in favor against the needed 41, showcasing the obstacles the government encounters in seeking constitutional reform.

Rabuka’s dedication to this ongoing discussion reflects his administration’s commitment to fostering constitutional reform that aligns more closely with the diverse makeup of Fiji’s population. Both he and Deputy Prime Minister Manoa Kamikamica have emphasized the necessity of inclusive governance to address perceived deficiencies in the 2013 Constitution.

Despite the hurdles that lie ahead, Rabuka’s aim for a more democratic and inclusive governance framework offers hope for a political structure that truly represents all Fijians. Engaging in meaningful dialogue with various stakeholders could pave the way for a stronger, more united Fiji, highlighting the aspirations and rights of its citizens.