Speaker of Parliament Filimone Jitoko says the two-thirds or 66 percent threshold for the Constitution Amendment Bill must be calculated based on the 53 occupied parliamentary seats, excluding the two vacant seats.
If all the 53 MPs are present in parliament this evening during the vote, it would mean that 35 MPs have to vote for the Bill to progress to the third reading which has to take place after 30 days.
The Speaker says if there are absentees today, the ratio becomes two-thirds of the number of Members of Parliament present and seated in the House, including those approved for virtual attendance.
While clarifying the voting threshold for the Bill to Amend the 2013 Constitution, the Speaker says Parliament will interpret Chapter 11 of the Constitution in accordance with the Supreme Court’s interpretation set out in its advisory opinion of 29th August 2025.
He says this follows careful consideration of all relevant issues pertaining to the matter, while recognising that the Court is ultimately the authority on the interpretation of the Constitution.
Jitoko says public trust and confidence in Parliament are the bedrock of democratic governance.
The Speaker says the Supreme Court, in interpreting the Constitution as requiring a two-thirds vote of all Members of Parliament in favour of a constitutional amendment, has defined the process for amending the Constitution.
He says the two-thirds threshold will be calculated based on the 53 occupied seats, given the two vacant seats resulting from the passing of two Members of Parliament.
Jitoko says Standing Order 8(2)(a) provides that if a Standing Order requires the permission, vote or otherwise of a majority of Members, whether of all Members or those present, any vacancies must not be included when determining the threshold number of Members.
He says, in addition, Standing Order 52, which deals with decisions determined by Members present and voting, provides that a question proposed for decision by Parliament is determined by those Members present in Parliament.
Furthermore, he adds that Section 69 of the Constitution stipulates that any question proposed for decision in Parliament must be determined by a majority of the Members present and voting.
