Jioji Kotobalavu, a noted former Permanent Secretary and current educator at the University of Fiji’s JDP School of Law, has shared his insights on the current challenges regarding the revision of Fiji’s 2013 Constitution. In a recent interview, he discussed the implications of the unsuccessful 2013 Constitution (Amendment Bill) 2025, which failed to obtain the necessary parliamentary majority, leading to calls for Prime Minister Sitiveni Rabuka’s resignation.
Kotobalavu argues that such demands for resignation are unjustified, considering the amendment bill focused on procedural changes rather than essential legislation, like the annual budget. He pointed out that constitutions should adapt to meet the evolving aspirations and needs of the populace, mentioning that the current procedures for amendments are cumbersome and impractical.
He also highlighted the difficulties faced by Opposition MPs, who are caught between their allegiance to former Prime Minister Voreqe Bainimarama and the urgent need to address antiquated sections of the 2013 Constitution. According to Kotobalavu, the existing provisions hinder democratic processes, particularly with electoral thresholds that favor larger parties and restrict fair representation for smaller parties.
Looking forward, Kotobalavu indicated that the government plans to seek an advisory opinion from the Supreme Court concerning the legitimacy of the 2013 Constitution. He stresses that a genuinely democratic constitution must incorporate the voices and consent of the people, contrasting this with the current document’s drafting process, which he describes as lacking meaningful public engagement.
The road ahead for constitutional reform is expected to rely on a collaborative effort between the government and opposition, ideally through a Joint Parliamentary Select Committee. This approach is reminiscent of the successful collaboration seen during the development of Fiji’s 1997 Constitution.
Amid these challenges, there remains a hopeful outlook for Fiji’s political landscape. With renewed dialogue and engagement, there is potential for the government to create a constitutional framework that resonates with the diverse opinions of the Fijian populace, fostering a more inclusive and representative democracy.
This ongoing process presents a valuable opportunity for all parties involved to help shape a governance structure that prioritizes the needs and aspirations of Fiji’s citizens, ultimately enhancing democratic values and unity across the nation.
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