UniFiji backs National Referendum Bill but flags two unconstitutional clauses

The University of Fiji has stated that the National Referendum Bill is firmly based on Section 160 (3–6) of Fiji’s 2013 Constitution, with most clauses supported, except for two provisions deemed unconstitutional.

Speaking during the consultation before the Parliamentary Standing Committee on Justice, Law and Human Rights at the UniFiji Saweni Campus, Vice Chancellor Professor Shaista Shameem says for example, that Section 30 which refers to the issuance of a notice of referendum should clearly state that this is the role of the Supervisor of Elections or their delegate.

Professor Shameem also stated that the only major amendments were needed for Section 22(1), which relates to the display of badges and symbols, and Section 23(1)(b) on canvassing.

She says both were prohibited at “any time” and “for any purpose”, which she argued breaches Section 150 of the Constitution concerning freedom of information.

The Vice Chancellor says these sections 22(1) and 23(1)(b)were therefore unconstitutional, and that the dissemination of information, including teaching at universities, must be permitted to ensure the public is well informed.

Professor Shameem adds that the National Referendum Bill draws lawful authority from the Constitution, and that the Supreme Court Advisory Opinion did not add any further value to the clauses as drafted.

She also stated that the university’s submission was fully in favour of all clauses in the draft bill, except for a few minor amendments needed for clarity.