Consultations begin on proposed process for amendments to the 2013 Constitution

Preliminary consultations to amend two sections of the 2013 Constitution relating to requirements to amend the Constitution, namely Section 159 and 160 have begun.

These sections relate to 75 percent majority in Parliament and 75 percent approval from registered voters during a referendum to amend the Constitution.

While speaking on the Bill at Suvavou House, State Solicitor at the Office of the Attorney General, Josefa Mainavolau says the Bill proposes to delete, in its entirety, Section 159 (2)(C), and in respect of Section 160, the proposed amendment is to change three quarters threshold to two thirds, and also for 'registered voters' to be amended to 'votes of registered voters'.

He says there is growing public interest to review the Constitution, however, the amendment provisions of the 2013 Constitution are rigid, as there is no balance between the flexibility and protection of the Constitution.

He says there is a need to eliminate ambiguities in the Constitution, as observed in the Supreme Court opinion that was rendered in a case concerning the appointment of the Director of Public Prosecutions, where the court made remarks regarding the process that was followed in creating the 2013 Constitution.

Mainavolau says the relevant portion of the court's opinion dated the 28th of June, 2024 states that the 2013 Constitution was promulgated against the background that there was no extensive public consultative process prior to its adoption, and rather it was the work of a small group of officials.

The State Solicitor says even though this is not an outright order, it provides a strong indication that the highest court of the land has reservations regarding the lawfulness of the current constitution.

He says apart from these reasons, there are other concerns for which a review is sought, including provisions on things like the concentration of power in the Prime Minister and the Attorney General's Offices which are also problematic, and another concern is the broad limitations on the Bill of Rights.

Mainavolau says this is a pressing concern, as well as the permission given by the Constitution for the retention of decrees and laws from from 2006 to 2014, some of which contradict the constitutional rights.

He says a more detailed discussion on these concerns will be held at length later during the public consultations.

Mainavolau further says in order for this process to be successful, they will need to work with the constitutional framework.

He says given the very rigid provisions in the 2013 Constitution, it is anticipated that the Bill may not be passed in Parliament, and in the event that happens, this will be taken as proof that the amendment provisions are implausible.

He says they would then have the option to seek the opinion of the Supreme Court on the rigidity of Sections 159, and 160 of the Constitution.

Consultations continue and the sessions are now open to the media following questions asked by fijivillage News.