Law student Salote Bulitavu has voiced her support for the National Referendum Bill 2025 but urged lawmakers to refine its provisions to ensure better compatibility with the existing Electoral Act 2014. In her remarks, Bulitavu highlighted the significance of establishing a legislative framework that effectively implements the referendum mechanisms outlined in Section 160 of the Constitution.
While acknowledging the importance of the Bill and its timely introduction, Bulitavu raised concerns regarding the potential for duplication and the expansion of offenses that are already addressed in the Electoral Act 2014. She particularly pointed to Clause 9 of the Bill, which extends existing electoral and voting procedures to referendums, considering it one of the Bill’s strongest attributes. However, she cautioned that Part 4 of the Referendum Bill unnecessarily replicates several electoral offenses, including bribery, undue influence, and personation, which are already delineated in Part 6 of the Electoral Act. This redundancy, she argues, could lead to confusion, increased litigation risks, and compromise legal clarity.
Lawyer Tangaroa Vakalalabure, speaking on behalf of the Queen Victoria School Class of 1991, echoed Bulitavu’s concerns while expressing support for the Bill. He encouraged Parliament to adopt a more streamlined approach by relying fully on the Electoral Act 2014. Vakalalabure emphasized that while Section 160 of the Constitution does necessitate a statutory framework for referendums, it does not mandate an independent or experimental law, but rather stipulates that the referendum be conducted “in such manner as prescribed by law.”
Both Bulitavu and Vakalalabure advocate for utilizing the existing Electoral Act as a comprehensive regulatory framework for referendums instead of creating parallel systems. This approach would confine the Referendum Bill to establishing the necessary authority and expected outcomes, thereby fostering efficiency and clarity in the legislative process.
The dialogue around the National Referendum Bill 2025 reflects a constructive engagement by legal professionals and students alike, signaling a collective desire for a well-structured electoral framework that upholds the integrity of democratic processes.
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