Supreme Court advises 2013 Constitution can be amended by support of two thirds of MPs and majority of those registered voters who vote in referendum

The Supreme Court has advised that the 2013 Fijian Constitution can be amended by the support of two thirds of Members of Parliament and a majority of those registered voters who vote for the change in a referendum after the parliamentary vote.

Chapter 11 of the Constitution currently requires 75 percent of the Members of Parliament and 75 percent of all registered voters in a national referendum to vote for changes in any other section of the Constitution.

In their opinion, Chief Justice Salesi Temo says that for stability, the provision for amendment does not extend to the immunity section of the Constitution which means the immunity from prosecution for those who carried out the coups of 1987 and 2006 will stay and cannot be changed.

Chief Justice Temo also states that the Supreme Court has given it’s opinion that the 1997 Constitution is not valid as we have had 3 general elections under the 2013 Constitution.

The full bench of the Supreme Court that heard the case were Chief Justice Salesi Temo, Justice Terence Arnold, Justice Lowell Goddard, Justice William Young, Justice Robert French, and Justice Isikeli Mataitoga.

Prime Minister, Sitiveni Rabuka was present during the Supreme Court decision.

Acting Minister for Justice, Filimoni Vosarogo and Solicitor General, Ropate Green appeared for the State.