The Chief Justice of Fiji, Salesi Temo, has mandated the State to compile a comprehensive and chronological overview of the country’s constitutional history. This directive came as the Supreme Court confirmed nine interveners, including the Solicitor-General, Ropate Green, who will present legal submissions regarding constitutional matters in August.
During yesterday’s proceedings, Justice Temo emphasized the importance of assessing public consultations and democratic involvement in constitutional processes. He pointed to historical examples, such as the development of the 1970 constitution after consultations with British political leaders, to illustrate how democracy hinges on public engagement.
Justice Temo outlined essential milestones in Fiji’s constitutional evolution, specifically:
– The 1970 Constitution, which involved consultations with British authorities.
– The 1990 Constitution, developed post the 1987 coups, with Justice Temo questioning the adequacy of public consultations at that time.
– The 1997 Constitution, initiated after extensive national consultations by the Reeves Commission that encouraged citizen participation.
– The 2013 Constitution, created after the 2006 coup, where consultations were conducted by the Yash Ghai-led Constitutional Commission, though the Chief Justice noted the necessity to ascertain if they genuinely reflected the people’s will.
Furthermore, he expressed concerns over certain legal contradictions within the current constitution, highlighting that conflicts could lead to varied interpretations. Justice Temo clarified that understanding who was consulted and gauging the people’s will regarding the present constitution is crucial for the court’s deliberations.
This judicial inquiry underscores ongoing themes of public participation and historical context in constitutional matters, as previously seen in discussions led by opposition leader Inia Seruiratu, who has advocated for national dialogues addressing past political upheavals. Such dialogues are vital to ensure that any proposed amendments will be reflective of the Fijian populace’s diverse aspirations.
The current and upcoming legal proceedings promise a constructive opportunity for Fiji to refine its constitutional framework, fostering an inclusive governance model that resonates with democratic values. As these discussions unfold, there is hope that a more unified approach can bolster the nation’s democratic stability and public trust in governance.
Leave a comment