Fiji’s Supreme Court is set to address the validity of the 1997 Constitution amid ongoing discussions around constitutional reform spearheaded by Prime Minister Sitiveni Rabuka. Registered as Case No. 0001 of 2025, the case seeks urgent clarity on the amendment possibilities of the 2013 Constitution, specifically whether key sections are immutable or can be modified through parliamentary bills.
The case poses five fundamental questions, focusing on whether the provisions are binding and if the public’s will may influence amendments via referenda. The last query explicitly regarding the 1997 Constitution revisits the contentious ruling from the 2009 Qarase v Bainimarama case, where the Court of Appeal highlighted that the 1997 Constitution may not have been legitimately abrogated following the military coup.
Currently, substantial hurdles exist for amending the 2013 Constitution, with a requirement for 75 percent legislative and voter approval creating a significant barrier to any changes. If the court determines that these provisions are indeed unchangeable, potential reforms—including updates to voting laws and human rights protections—could be hindered indefinitely. However, a ruling that opens a pathway for easier amendments might lead to much-needed constitutional advancements, reshaping Fiji’s political landscape.
The government’s commitment to engaging in constitutional reform demonstrates a shift towards more inclusive governance that resonates with the aspirations of the Fijian populace. This proactive legal inquiry suggests a hopeful trajectory, creating opportunities for a system that better reflects the diverse interests of its citizens and fosters a greater sense of democratic participation. As discussions progress, the potential for collaborative governance remains a positive outlook for Fiji’s future.
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