The Fijian government is actively seeking a Supreme Court ruling to address concerns about the constitutionality of the rigid amendment rules outlined in the 2013 Constitution. Prime Minister Sitiveni Rabuka confirmed that the Cabinet has formally referred this matter under section 90 (5) of the Constitution, which empowers the Supreme Court to interpret constitutional questions.
Rabuka highlighted that the focal point for the court will likely be sections 159 and 160, which dictate the process for amending the Constitution. Currently, these provisions require a “super majority,” meaning that three-quarters of both Members of Parliament and voters must agree to any constitutional changes. Rabuka described this threshold as excessively high, potentially stifling necessary reforms.
As the government prepares for this legal challenge, discussions are underway among Cabinet members to finalize the questions to be presented to the Supreme Court, in consultation with expert legal advisors. Rabuka noted, “This is uncharted waters,” emphasizing the importance of thorough legal guidance as government lawyers collaborate with external counsel.
This legal action represents a critical examination of Fiji’s Constitution since its contentious adoption in 2013 following a military-led transition. Legal opinions suggest that the existing amendment process may undermine the will of the people, thus supporting the government’s push for change.
Rabuka also stressed that should the Supreme Court find the current rules unconstitutional, it would pave the way for significant amendments, albeit with an emphasis on public consultation. “The process of seeking the views of the people will be transparent and participatory,” he asserted, intending to ensure that any revisions reflect the diverse voice of Fijians.
In previous discussions, both Prime Minister Rabuka and Deputy Prime Minister Manoa Kamikamica have stressed the necessity of a governance framework that better represents the interests and aspirations of all Fijians. They echoed public sentiment, with recent polls indicating strong support for constitutional reform.
The ongoing dialogue about these potential changes provides a hopeful avenue for more inclusive governance in Fiji, fostering a political environment that aligns more closely with democratic principles and the collective aspirations of its citizens.
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