Fiji’s Constitutional Future: Will the Supreme Court Intervention Spark Change?

Prime Minister Sitiveni Rabuka announced that the Fijian government could soon approach the Supreme Court regarding the legitimacy of the 2013 Constitution, potentially as early as next week. In a media briefing, Rabuka stated that the questions to be posed are ready, but they must first be finalized in a Cabinet meeting scheduled for next Tuesday.

Rabuka emphasized the importance of adhering to the Supreme Court’s schedule, indicating that the government would not attempt to exert its executive authority to prompt the Judiciary into an unscheduled session. He pointed out that Fiji has functioned under the 2013 Constitution since its promulgation and can afford to wait for the court’s evaluation.

The Prime Minister expressed concern that the current constitutional framework makes it excessively difficult to amend the Constitution and has hindered the government’s functionality. He specifically criticized the obstacles put in place by those no longer in Parliament or have passed away, making constitutional changes exceedingly complex.

Earlier this month, Parliament voted against a Bill aimed at lowering the threshold for amending the Constitution from three-quarters to two-thirds, and removing the requirement for a national referendum. The vote fell short, garnering only 40 in favor out of the needed 41, demonstrating the challenges the government faces in reforming the Constitution.

Rabuka’s ongoing dialogue underscores his administration’s commitment to constitutional reform, which seeks to create a governance structure that better reflects the diversity of Fiji’s population. Similar to previous discussions, both the Prime Minister and Deputy Prime Minister Manoa Kamikamica have reiterated the importance of inclusive governance to address the inherent flaws they believe exist within the 2013 Constitution.

Despite the challenges ahead, Rabuka’s vision for a more democratic and inclusive framework inspires hope for a governance structure that represents the voices of all Fijians. Engaging in constructive dialogue with all stakeholders presents an opportunity for Fiji to forge a stronger, more unified society that prioritizes the aspirations and rights of its citizens.