Two political parties involved in a landmark constitutional reference case have announced plans to contest the legitimacy of the 2013 Constitution by questioning the legality of the process that led to its establishment. The Unity Fiji party and The People’s Alliance party (PAP) aim to challenge the validity of the 1997 Constitution, a foundational legal document they argue may still be enforceable.
The legal representatives presented their case yesterday, focusing on the actions of former President Ratu Josefa Iloilo in 2009 when he abrogated the 1997 Constitution following a controversial Court of Appeal ruling regarding the legality of the post-2006 coup government. Unity Fiji lawyer Naomi Raikaci emphasized the importance of their submission on point 5(e) of the court’s agenda, arguing that if the 1997 Constitution remains valid, it undermines the legitimacy of the 2013 Constitution.
This challenge echoes previous sentiments expressed in ongoing discussions about constitutional reform in Fiji. The PAP’s lawyers also plan to underscore the legal and democratic principles tied to the 1997 Constitution, which was created through public consultation and passed by both houses of Parliament. They will cite the precedent set by the Qarase v Bainimarama case, which ruled that prerogative powers could not justify the constitutional changes made after the 2006 coup.
Chief Justice Salesi Temo welcomed this line of inquiry and expressed anticipation for the legal arguments that will unfold in August.
Previous discussions surrounding the 1997 Constitution highlight the complexities of potential constitutional reforms, which have steadily gained attention in Fiji’s political sphere. Support from prominent legal figures, such as Jon Apted and former Speaker Pita Nacuva, underscores a collective desire for a governance structure that is more responsive to the people’s needs. As stakeholders engage in this dialogue, there is hope for a more inclusive political framework that could pave the way for legislative amendments that enhance representation and accountability.
The current challenge could represent a transformative moment for Fiji, potentially leading to a more democratic process that addresses the aspirations of its citizens. Such discussions are essential for fostering a governance system that resonates with the diverse interests of the Fijian populace, suggesting a positive trajectory in the ongoing constitutional discourse.
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