The Fijian government has officially sought clarification from the Supreme Court regarding the amendability of key sections of the 2013 Constitution. The Office of the Attorney-General, Graham Leung, has outlined five specific legal inquiries directed at the Court, focusing on provisions related to immunity and entrenched clauses in Chapter 11 and Part D of Chapter 12.
The government questions whether these sections are binding and cannot be altered by Parliament or the electorate. They also seek to understand whether amendments require a special voting majority and the current legal standing of Fiji’s 1997 Constitution.
This initiative is part of a broader constitutional reform agenda aimed at making amendments more accessible. Previous discussions have highlighted the challenges presented by the existing supermajority requirement for constitutional changes, which has historically made reform difficult. Attorney-General Leung has noted that past constitutions, particularly those from 1970, 1990, and 1997, did not necessitate a public referendum for amendments, suggesting a need for a more flexible governance framework.
Unity Fiji Leader Savenaca Narube cautioned that this focus on reform could be tactical rather than substantive, leading to concern over genuine safeguards in the review process. However, both the government and various stakeholders understand that any amendments must align closely with the public’s will, fostering an environment conducive to open dialogue and collaboration.
This legal engagement with the Supreme Court marks a significant step toward enhancing democratic processes in Fiji, aiming to ensure the Constitution aligns with contemporary societal needs. The discussions around these potential changes reflect a hopeful push for a participatory governance framework, empowering citizens and reinforcing the importance of their voices in the democratic landscape.
Leave a comment