The Fijian government has unveiled three previously undisclosed documents that could have substantial implications for the ongoing Supreme Court reference concerning the interpretation of the 2013 Constitution. Deputy Solicitor-General Eliesa Tuiloma informed the Supreme Court that these documents relate to the public consultation process that preceded the Constitution’s adoption.
Tuiloma emphasized the importance of these newly discovered documents, which were located during a search of internal state records and are not thought to be publicly available. He stated, “We would like to bring the attention of the Court to some of the documents that we have found in opposition, that we feel are very important and relevant to this case.” The documents include submissions relating to consultations on the 2013 Constitution, a compilation table of those submissions, and “The Yash Ghai” consultation draft constitution.
Furthermore, Tuiloma indicated that the State had prepared an affidavit to be filed in court and expressed the desire to serve these documents to all parties if permitted by the Court. This development comes at a time when discussions surrounding constitutional reform have gained momentum, with officials acknowledging the challenging nature of the amendment process under sections 159 and 160 of the 2013 Constitution, which impose a supermajority requirement.
The Cabinet’s recent engagements with legal counsel and efforts to clarify constitutional questions underline a broader commitment to reform and inclusivity in governance. As the Supreme Court prepares to address these issues, there is reason for optimism about the potential for a more flexible and representative constitutional framework that aligns with the aspirations of all Fijians. The ongoing dialogue about these reforms signals a proactive stance towards fostering a governance structure that genuinely reflects the voices of the populace, paving the way for enhanced democratic participation.
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