President says he has the sole discretion to summon parliament

President, Ratu Wiliame Katonivere has written to the People’s Alliance, National Federation Party and SODELPA, saying he has the sole discretion to summon parliament within 14 days of the return of the writ of elections.

No date for the parliament sitting has been decided as yet and the 14 day period ends on January 2nd 2023.

According to section 67 of the Fijian Constitution, after a general election of members of Parliament, the Parliament shall be summoned to meet by the President no later than 14 days after the announcement of the results of the general election.

President Katonivere also says in his letter that as per the Constitution, since no one political party has won more than 50 percent of the seats in parliament, any nomination for the Prime Minister must be done on the floor of parliament.

This means that a Prime Minister cannot be chosen from outside parliament.

As earlier highlighted by fijivillage News, under section 93(3) of the Constitution, after a general election, if no one political party has won more than 50% of the total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker must call for nominations from members of Parliament and, if only one person is nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer); but if more than one person is nominated and seconded, the Speaker must conduct a vote.

If after the first vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer).

If after the first vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer).

If after the second vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office; and if after the third vote, no person receives the support of more than 50% of the members of Parliament, the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with the Constitution.

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