Fiji’s Constitutional Reforms: A Step Towards Enhanced Democracy?

Solicitor-General Ropate Green is set to modify the Constitutional Reference by adding Section 98 (3) (c) of the 2013 Constitution. This development follows a reminder from President of the Court of Appeal, Isikeli Mataitoga, who pointed out that this section had been omitted in the previous submission. Justice Mataitoga emphasized that the wording of the amendment is influenced by the opinions gathered from various stakeholders, indicating the complexity of the situation.

The Cabinet has endorsed the referral of five critical constitutional issues to the Supreme Court under Section 91 (5), seeking clarification on how to interpret and apply Sections 159 and 160. These sections pertain to the constitutional amendment process, which has been described as challenging due to its stringent requirements.

In his request for clarity, Justice Mataitoga insisted on including Section 98 (3) (c) in the submission, as it provides the Supreme Court with original jurisdiction to address constitutional questions referred to it. Meanwhile, Mr. Green has been instructed to submit the Constitutional Summary of Facts, which will outline the evolution of Fiji’s constitutional framework from 1970 to 2013, by June 19, with the next hearing scheduled for June 20.

This inquiry into constitutional interpretation aligns with ongoing discussions about reforming Fiji’s governance structures, as previously highlighted by Prime Minister Sitiveni Rabuka. The current supermajority requirement for amendments has raised concerns about its adequacy in reflecting the democratic will of the people. Engaging with the Supreme Court represents a proactive approach to potentially streamlining this process, enhancing democratic participation, and fostering an inclusive governance structure that addresses contemporary societal needs.

The government’s endeavors to clarify and possibly reform the constitutional framework present a hopeful outlook for a more adaptable and representative political landscape in Fiji. As the legal proceedings unfold, there is optimism surrounding the potential for reforms that may lead to an effective and inclusive governance system, ultimately empowering the citizens and aligning closely with their aspirations.