National Referendum Bill tabled to create legal framework for conducting referendums

The National Referendum Bill has been tabled in Parliament tonight to establish clear, transparent and accountable processes that will ensure any national referendum is carried out with integrity, order and public confidence.

While tabling the Bill, Acting Attorney General Siromi Turaga says given the Supreme Court's opinion on the requirement to consult on national issues, there remains a gap in this mandate, as there is no dedicated statutory framework available to give effect on any such constitution or referendum.

He says in essence, there is a lack of legal framework to guide the conduct, administration and oversight of a referendum.

Turaga says the proposed National Referendum Bill 2025 will provide the legal framework which can be used to effectively conduct a national referendum.

He says it sets out with precision, the circumstances under which a referendum may be called, whether through constitutional requirement or resolution of Parliament.

Turaga says the proposed Bill comprises of features including the grounds that allow for the conduct of a national referendum are specific to where Section 160 of the Constitution requires a referendum and where Parliament, through a resolution of Parliament, determines that a specific subject matter requires the conduct of a referendum to obtain the views of the general public.

He says the Bill also includes the requirement of the Electoral Commission to conduct the referendum.

The Acting Attorney General says this role is consistent to Section 160 of the Constitution, which requires the President, to refer the Bill to amend the Constitution to the Electoral Commission to conduct the referendum.

He says the proposed Bill also states that any person who is registered under the National Register of Voters is eligible to vote and an individual may vote multiple votes, in the event when there is more than one issue to vote in the referendum.

Turaga further says the Fijian Elections Office will facilitate the referendum in accordance with the proposed Bill and the Electoral Act of 2014 is applicable, including the use of schools as polling stations.

The proposed Bill provides for fair prosecution in relation to impersonation or voting under fictitious persons, the use of undue influence on another person to vote, or not vote at a referendum or in case of unlawful assembly and the operation of loudspeakers.

Turaga says there are expenses incurred to effect a referendum to be defrayed out of the consolidated fund.

He says it empowers the Electoral Commission and the Supervisor of Elections with the necessary authority to administer the process while also ensuring strong safeguards against undue influence, bribery, intimidation and irregularities.

The Acting Attorney General further says the Bill recognizes the sanctity of the voting process by providing for voter eligibility, polling procedures, ballot integrity and the publication of official results.

He says it also ensures that no Fijian is disadvantaged in exercising his or her democratic rights and employers must allow reasonable time off for employees to vote.

Turaga says polling day must be a public holiday, polling stations must be accessible, appropriately equipped and supported by presiding officers dedicated to upholding order and fairness.

He says the Bill also contains international public order integrity measures prohibiting impersonation, restricting campaign material, preventing undue influence, ensuring that polling environments remain safe, peaceful and free of intimidation.

Turaga says these are important protections that guard against interference and uphold the principle that every voter must be able to make a free and informed choice.

He further says the Bill provides for the judicious use of public resources, including authority for the Supervisor of Election, utilized school facilities and polling stations, and for cost to be met through the consolidated fund.

While speaking in support, Opposition MP Jone Usamate says this Bill has nothing to do with the Supreme Court decision.

Usamate says the Bill is intended to fulfill the requirements of the Constitution, and they are pleased that it will go through the committee stage, where the committee will carry out its work.

He says they support referring the Bill to the committee so that the process can proceed.

Turaga says what they have done shows their supporters and the people of Fiji that they are delivering on the promises they made, something the other side did not do.

He adds that it has been a very successful week for the coalition government.

The Acting Attorney General also thanked Prime Minister Sitiveni Rabuka, saying that when they came into office this year, some had claimed they would only last a few days, but they are still here.

The National Referendum Bill will now go through parliamentary processes, including a national consultation and then be brought back to Parliament for debate.

Meanwhile, a point of order was raised by Opposition MP Alvick Maharaj, who said they had been informed that tomorrow’s sitting is cancelled because Opposition Members and all Members of Parliament had been invited to the Attorney General’s Conference.

Maharaj says someone lied because none of them have received any invitation for tomorrow.

Turaga then extended an open invitation to the Opposition Members.