The Constitution Amendment Bill proposes the establishment of a 23-member Senate, which will be responsible for reviewing Bills passed by the House of Representatives.
It states that 14 Senators will be appointed by the President on the advice of the Bose Levu Vakaturaga, six on the advice of the Prime Minister, two on the advice of the Leader of the Opposition and one on the advice of the Rotuma Island Council.
The Bill states that appointments recommended by the Prime Minister and the Leader of the Opposition must reflect Fiji’s diversity, including descendants of Girmitiyas and other minority groups.
The Bill says if the position of Leader of the Opposition is vacant when appointments are being made, the Prime Minister will take on the role of the Opposition Leader in relation to the two appointments allocated to that office.
It says a person will only be eligible to become a Senator if they are also eligible to stand as a candidate for election to the House of Representatives.
The term of the Senate will end when the term of the House of Representatives expires or if the House is dissolved earlier.
A Senator’s seat will become vacant if they die or resign, are convicted of an offence punishable by 12 months or more imprisonment, cease to be eligible to contest a House of Representatives election, are absent from two consecutive Senate sittings without permission, or are nominated as a candidate for the House of Representatives.
The members of the Senate must, at its first sitting after a general election for members of the House of Representatives and whenever the office of President of the Senate is vacant, elect from their members a President of the Senate.
A person elected as President of the Senate must make an oath before the Secretary General to the Senate.
The members of the Senate must, at their first sitting after a general election for members of the House of Representatives and whenever the office of Vice-President of the Senate is vacant, elect one of their members as Vice-President of the Senate.
The Vice-President of the Senate must perform the duties of President of the Senate if the President of the Senate is absent from duty or from Fiji or is, for any other reason, unable to perform those duties.
It states if neither the President nor the Vice-President is able to perform the duties of the Senate, the members of the Senate must elect one of their members to preside at meetings of the Senate.
The office of President of the Senate does not become vacant on the expiry of the term of the Senate but becomes vacant on the day immediately before the first sitting of the Senate after a general election for members of the House of Representatives; or if, before that day, the President of the Senate resigns by giving to the Secretary-General to the Senate a written notice of resignation, with the consent of the President of the Senate, becomes the holder of another public office, 52 Constitution (Amendment) — of 2026 would, if he or she were a member of the House of Representatives, vacate his or her place by reason of the operation of section 70, is absent from 2 consecutive sittings of the Senate, is nominated as a candidate for the election to the House of Representatives, is appointed as Attorney-General, or is removed from office by a resolution supported by not less than two-thirds of the members of the Senate.
The office of Vice-President of the Senate becomes vacant if the Vice-President resigns by giving to the President of the Senate a written notice of resignation, vacates his or her place in the Senate, is appointed as Attorney-General, or is removed from office by a resolution supported by not less than two-thirds of the members of the Senate.
