Fiji Supreme Court sets out path for constitutional reforms, stressing Parliament must act before any national referendum can bind changes
The Supreme Court on Friday clarified how amendments to Fiji’s 2013 Constitution can move forward. The ruling indicates that after Parliament approves a proposed amendment, a national referendum must be held in which a simple majority of voters would bind the changes. A key point from the decision is that Section 160(3) requires the referendum to be conducted “in such manner as prescribed by written law,” but no such law currently exists, meaning a referendum cannot be legally conducted under the present framework.
Human Rights and Anti-Discrimination Commissioner Alefina Vuki welcomed the court’s guidance but stressed that Parliament must now act to create the necessary legislation. “I understand that part of the referendum in section 160 talks about that it should be conducted under prescribed laws,” Vuki said. “In the Constitution there are no prescribed laws for that referendum. That’s for Parliament to do because Parliament is the legislative law-making body.” She added that the Supreme Court’s opinion places the onus on Parliament to introduce and pass a Bill that would establish the framework and procedures for a national referendum, noting that “they’ll have to pass a Bill to establish the referendum and all the details.”
With the ruling, amendments remain possible, pending the development and approval of the required legislation. Prime Minister Sitiveni Rabuka has not yet indicated when such a Bill will be brought before Parliament.
Context from recent constitutional debates shows a broad push for reform, with observers highlighting that any changes would need both legislative support and public backing. While the court’s direction clarifies the framework, the success of reforms will depend on Parliament’s ability to pass the necessary laws and on how voters respond in a potential referendum.
What to watch next
– Whether Parliament will move quickly to draft and pass the legislation that prescribes how a referendum must be conducted.
– How cross-party support in Parliament, as well as public interest and turnout in any referendum, will shape the timeline and viability of proposed amendments.
– Any further parliamentary or judicial steps that could refine the amendment process or clarify how related constitutional provisions interact with the new framework.
Positive outlook
The ruling provides a clearer, more accountable route for constitutional reform by pairing legislative approval with a direct public verdict, reinforcing both stability and democratic participation. If the government and Parliament act promptly to establish the referendum framework and engage citizens in the process, Fiji could see meaningful constitutional evolution that reflects the will of its diverse communities while upholding the rule of law.
Summary
The Supreme Court clarified that constitutional changes require Parliament’s approval before a national referendum can bind the changes, with the referendum to be conducted under laws yet to be written. The decision creates a formal pathway for reform, but the next steps hinge on Parliament’s action to enact the necessary legislation and on how voters participate in any future referendum.
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