At the Attorney-General’s Conference held at the Sheraton Fiji Resort and Spa in Nadi, constitutional lawyer Jon Apted asserted that reverting to the 1997 constitution would be highly impractical. He referred to the significant changes that have occurred over time, indicating that logistical challenges, such as redefining the composition of Parliament, the Senate, and the judiciary, would complicate any attempt to restore the previous constitutional framework.
Apted explained that proposals to revert to the 1997 constitution, whether through court requests based on previous rulings or direct action, face insurmountable difficulties. “There’s just too much water under the bridge. How does a restored constitution work? How would an election be organised?” he questioned, emphasizing the complexity involved in the transition.
Highlighting a shift in Fiji’s political dynamics, Mr. Apted characterized the present moment as “unique for change,” noting that the political landscape has recently offered new opportunities for reform. He pointed out that the FijiFirst party has diminished, and remaining members in the House are more open to discussions on potential constitutional changes.
Mr. Apted also referred to a recent Supreme Court judgment on judicial qualifications as a positive sign that the judiciary is willing to approach constitutional interpretation with creativity and purpose, potentially opening the door to new judgments that address current needs.
While discussing various reform options, he mentioned challenges associated with calling a referendum, noting crucial questions that need resolution, such as the exact question to be posed, the required threshold for decisions, and how the outcomes would be handled if only some provisions were accepted.
As calls for constitutional reform and assessments of governance structures in Fiji grow stronger, Mr. Apted’s insights inject a sense of cautious optimism about the potential for meaningful change in Fiji’s legal and political frameworks.
In summary, while the chance to restore the 1997 constitution seems unlikely due to practical challenges, the evolving political climate presents an opportunity for reforms that could shape the future of governance in Fiji in a constructive way. This openness to reform, amidst the complexity, illustrates a hopeful path forward for the country.
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