Former Attorney-General Aiyaz Sayed-Khaiyum has urged Prime Minister, Sitiveni Rabuka to stop the Constitution Amendment Bill from proceeding to its third reading, saying more time is needed for public consultation and proper examination of the proposed changes.
While making his submission to the Join Parliamentary Selected Committee on the Constitution (Amendment) Bill in Labasa, Sayed-Khaiyum says many people have raised concerns about the limited time available to examine the complex document.
Insert: Khaiyum on the limited time available 24th Oct 26 PT
He says the drafting contains numerous grammatical errors, incorrect cross-references and ambiguous provisions that need to be reviewed carefully.
Sayed-Khaiyum gives the commencement provisions as an example, saying the Bill contains inconsistencies over when the proposed constitutional amendments would take effect.
He specifically questions Clause 211, which allows the President to bring the amendments into effect earlier through a proclamation published in the Gazette, despite the Bill stating that it would come into force on 31st March 2028.
He argues that this provision conflicts with Section 166 of the 2013 Constitution and says the Bill is fundamentally flawed in this respect.
Sayed-Khaiyum also urges the committee to examine whether the proposed amendments comply with international conventions ratified by Fiji.
He says the Bill of Rights must be strong enough to protect both minority and majority communities, warning against taking an ethnic approach to constitutional reform.
On iTaukei land rights, Sayed-Khaiyum says the 2013 Constitution provides protections for customary land, including provisions relating to compensation when land is acquired for public purposes and the return of land when it is no longer required for that purpose.
He also highlights the constitutional restriction on converting iTaukei land to freehold land, saying concerns about the protection of indigenous land rights should be considered in light of these existing safeguards.
Sayed-Khaiyum says many people view the proposed changes as amounting to a new Constitution rather than amendments to the existing one.
On religion, he argues that the current Constitution already provides for a secular state and protects religious freedom, including the right of faith-based schools to provide religious instruction.
He says the existing provisions require the Government to remain neutral and allow people to practise their own faith.
Sayed-Khaiyum also questions the proposed role of the Bose Levu Vakaturaga, in appointing the President and Vice-President.
He says the President should symbolise the unity of the Republic and represent all Fijians, rather than having the appointment process placed exclusively in the hands of an unelected body.
He also raises concerns that the proposed arrangements could deepen divisions within iTaukei communities, particularly between chiefs, ordinary iTaukei people and those with different levels of wealth and influence.
On the proposed electoral system, Sayed-Khaiyum warns that first-past-the-post voting could result in a candidate winning a constituency despite receiving only a small proportion of the total votes cast.
He gives an example of a constituency with 10,000 voters, where a candidate could win with 1,000 votes while the remaining 9,000 votes are divided among other candidates.
He says this could leave the majority of voters without their preferred representative.
Sayed-Khaiyum also disagrees with the proposal to extend the parliamentary term to five years and questions why certain maritime areas, including Lau, Kadavu, Yasawa, Rotuma and Lomaiviti, would receive special representation compared with other parts of Fiji.
He says more time is needed to examine the proposed changes and urges Prime Minister Sitiveni Rabuka to stop the Bill from proceeding to its third reading.
Sayed-Khaiyum says the additional time would allow the public to better understand the proposals and give the Government an opportunity to address the concerns raised during consultations.
