University of Fiji Vice Chancellor, Professor Shaista Shameem has stressed that any amendment in the 2013 Constitution should be done according to the procedures set out in the Constitution itself.
While making submissions during a preliminary consultation on the Constitution Amendment Bill that seeks to amend Section 159 and 160 which relates to 75 percent majority in Parliament and 75 percent approval from registered voters during a referendum to amend the Constitution, Professor Shameem says this Constitution is the supreme law of the state.
She says Section 2(5) of the Constitution says this Constitution cannot be abrogated or suspected by any person, and may only be amended in accordance with the procedures prescribed.
Professor Shameem says they will not only have to amend Section 159 and 160, they will have to dig into the Constitution from the very beginning and look into making inroads in fundamental aspects of the Constitution that even describes its supremacy.
She further says that according to the 1970 Constitution, the Great Council of Chiefs at that time could not change certain things without having the approval of 75 percent of those in the Senate.
The Vice Chancellor says if the 2013 Constitution is compared to the wording in 1997 and 1990 Constitution, one will find the wordings of those super majorities are almost identical and there is nothing new in 2013 Constitution.
She says people should not be hoodwinked into thinking that this is so bad because it never happened before as this is not true.
Professor Shameem says we cannot condemn the former Attorney General and the former Prime Minister and the former everybody else for doing something that is nefarious and underhanded as they basically did a cut and paste job from the 1990 Constitution.
She says the only difference between 1970, 1990 and 1997 Constitutions and the 2013 Constitution for amendment or change, is the requirement in 2013 Constitution to conduct a referendum.
The Vice Chancellor says conducting a referendum, far from being difficult, is in fact, more democratic and people have to be persuaded.
She says voting is not mandatory and if they are going to be fiddling with the Constitution, they may as well make voting mandatory.
She is urging the government to persuade the people that the Constitution needs a review, not to be frightened of the people and worry about the fact that this was imposed on us as though we are a frightening people.
The Vice Chancellor also says it would be advisable not to allow those with vested interests to hoodwink both politicians and people about the reasons why the Constitution needs amendment, and instead treat the ordinary citizens of this country with the respect and dignity that they deserve by closely following the provisions of the 2013 Constitution as we would have done for the 1970, 1990 and the 1997 Constitutions had we been allowed.
She also noted that the amendment does not seek to remove the immunity clauses.
She further says it cannot be said that there wasn't adequate consultation as she had personally made her submission to both the Yash Ghai constitutional process.
Professor Shameem says it's incorrect to say there was limited consultation because what ‘limited’ means has not been defined.
Meanwhile, Fiji Bank and Finance Sector Employees Union National Secretary Anit Singh says Parliamentarians have taken an oath to uphold and protect the Constitution and they should honorably, resign from Parliament, redo the election and come up with the numbers back in the Parliament to reach the threshold and amend the Constitution.
The preliminary consultation sessions have concluded and the Constitution Amendment Bill could be tabled in Parliament as early as next month.
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