The Fijian Cabinet has officially submitted referrals to the Supreme Court seeking clarification on the interpretation and application of the Constitution, specifically regarding the constitutional amendment provisions in sections 159 and 160. This action follows the Cabinet’s endorsement under Section 91(5) of the 2013 Constitution, which allows for such requests when interpreting constitutional matters.
The submission, filed last Friday, emphasizes the high threshold for amending the Constitution, which has made necessary reforms increasingly challenging. Prime Minister Sitiveni Rabuka has previously highlighted that the current system requires a “super majority” for amendments, reflecting concerns over its potential to impede legislative changes that could better address the needs of Fijians.
In a proactive effort to bolster their case, the Fijian government has engaged the expertise of Senior Counsel Bret Walker from Australia, known for his background in constitutional law. This suggests a thoughtful strategy aimed at enhancing the government’s arguments before the Supreme Court. As the case approaches a directions hearing scheduled for this Friday, it is anticipated that the Supreme Court will establish a timetable for the submission of legal entries and offer guidance on the procedures for the reference.
In past discussions, government officials, including Attorney-General Graham Leung, have reiterated the importance of responsive governance and the necessity for a more accessible amendment process. The ongoing dialogue surrounding constitutional reform reflects a commitment to inclusivity—one that seeks to reflect the diverse voices and aspirations of Fiji’s population.
This legal engagement with the judicial system serves as a crucial moment for Fiji, underscoring the government’s determination to foster a democratic framework better suited to the contemporary needs of its citizens. The potential for meaningful reforms may create a more adaptable governmental structure, ultimately leading to enhanced democratic participation and representation for all Fijians.
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