Fiji’s Constitutional Conundrum: Is the 1997 Law Still Supreme?

Pita Nacuva, the former Speaker of the House in Fiji, has reiterated his belief that the 1997 Constitution is still the nation’s supreme law. Speaking out after his removal from office in 2006, Mr. Nacuva emphasized the legal validity of the 1997 Constitution, underlining that it has never been successfully challenged in court.

He referenced the Court of Appeal’s decision from April 9, 2009, which ruled on the legitimacy of a series of legal challenges stemming from the military-led government’s actions. “That decision still holds because the process of law states that if one party is not happy with the Court of Appeal decision, they take it to the Supreme Court for final jurisdiction,” he stated. However, the subsequent abrogation of the Constitution by the President on April 10, 2009, has cast a long shadow over the legal landscape.

Mr. Nacuva expressed his focus on the 2009 Court of Appeal ruling, pointing out that the government’s choice not to pursue the Supreme Court route represented a significant moment in Fiji’s constitutional history. This highlights ongoing discussions surrounding constitutional reform, which have gained traction in the current political climate of Fiji.

The dialogue around the 1997 Constitution has recently gained momentum, as constitutional lawyer Jon Apted discussed at the Attorney-General’s Conference the complex challenges of reverting to past constitutions. He noted that while there is a growing willingness to contemplate constitutional reform, there are significant logistical hurdles to any potential transitions.

In this transformative atmosphere, the opportunity for a new constitutional dialogue reflects a hopeful pivot in Fiji’s governance, suggesting that amidst the legal complexities, there is a path forward that could adapt Fiji’s political framework to better serve its people. The involvement of key legal and political figures illustrates a collective movement towards a more engaged civic discourse about the future of Fiji’s constitutional law, potentially leading to reforms that address contemporary needs.