The Supreme Court says the 2013 Constitution is the legal supreme law of Fiji, rejecting the notion that the 1997 Constitution still stands. But it says the current threshold for change of a 75 per cent vote in the parliament and 75 per cent vote of all registered voters should be reduced to two thirds of the parliament and a simple majority of voters in a referendum.
Full analysis to come. But some initial reflections.
The Coalition already has the numbers in the parliament to affect changes to the Constitution. But it will also need to go to the people before the present constitutional arrangements can be altered. That probably means a simultaneous referendum on the constitution at the same time as the 2026 election.
The government, of course, could go to a referendum earlier than that. It would face intense criticism about the cost of doing so and especially given the current mood in the country. But since when has the cost of anything deterred this government, which has made profligacy its leitmotif.
For the minorities, none of this is good news. Because the government already has the numbers in the parliament and only needs a 51 per cent vote in the country to alter the common and equal citizenry provisions and the common identity. So this is still alarming news for anyone who believes in the principle of One Nation, with equal opportunity and status for all.
On an initial assessment, here’s what I think could happen next.
1/ The Prime Minister will reconvene parliament and resubmit a bill for changes to the constitution that will easily pass the new two-thirds threshold. (It almost passed the 75 per cent threshold).
2/ With a “yes” vote in the parliament, he will “order” the Elections Office (through his high chief, the President) to organise a national referendum as soon as possible.
3/ The nation will vote and having easily secured a 51 per cent majority for change, Rabuka will have the mandate he needs to alter the 2013 Constitution.
4/ The next election in Fiji will be held on the amended Constitutional provisions, whatever they are. And all with a mandate at the last election of just one seat on the floor of the parliament. And they call it “democracy”.
It is critical to keep up the fight for a common and equal citizenry or Fiji will become the first nation on earth to have established it in the supreme law and then altered it amid a wave of ethno-nationalism just over a decade later.
Yep, alarming in the extreme.
Some surprising reason has escaped the corruption – woohoo!
This “opinion” of the Supreme Court means absolutely nothing. The 2013 Constitution and its provisions of 75/75 still stands. The Supreme Court cannot change the Constitution.
The dodgy CJ ‘s opinion means absolutely nothing. The. Institution remains the Supreme law of the land.
Well Im no expert in legal matters, but I reckon the Supreme Court ruling was a big F*&K YOU to the coalition, the GCC and all its supporters.
Then you’d be wrong. Read what I have written.
Sorry I was referring to the Supreme Court’s stance on the 1997 dead horse that the coalition was flogging and hoping for the SC to rule in their favour.
That would have not suited the PM at all. Because the d’Hondt “big man” electoral syndrome would have been dead and he would be just another MP from Cakaudrove, not the national figure that he is, getting a bunch of also-rans and losers across the line on his coattails.
So what’s your verdict on Temo’s ruling Mr Graham.
You were jumping the gun.
Oh really? Read what I have written.
GD, your assessment is spot on.
Rabuka has got exactly what he wanted, and Temo has ensured it by diluting the constitutional safeguards from the bench. This is nothing less than a calculated betrayal of the people’s trust—a roundabout but deliberate way to clear the path for Rabuka’s agenda.
I wonder what the foreign judges on the bench felt about it.
Make no mistake: Rabuka will waste no time pushing a motion in Parliament to amend Chapter 11 of the Constitution. I fear he will force a referendum before the next election, knowing that with the reduced threshold, a simple majority will be far easier to manipulate. This opens the door for him to rewrite the Constitution for his own political convenience.
This is not reform—it is dismantling the very protections that safeguard democracy in Fiji. If the people remain complacent, Rabuka and the Coalition will succeed in undermining the 2013 Constitution and taking Fiji backwards.
The warning signs are clear: the future looks grim unless Fijians stand firm in defense of their Constitution.
Yes, Rabuka has gone public saying he is happy. It is exactly what he wanted.
MPs particularly should reflect on the fact that the Constitution has been ruled as legally effective and that is a very clear message to the rear vision cohort .
Politics is about numbers, not principle. And the Snake now has the numbers to effect/impose change.
No Referendum is a foregone conclusion.
And wording matter.
One key legal question is whether the Supreme Court even has the authority to alter constitutional provisions, particularly those in Chapter 11.
The bench’s ruling was not an act of judicial wisdom but a calculated and cunning decision.
Is the Supreme Court above the Constitution or is the Constitution above the Supreme Court?
The Supreme Court is the highest court in Fiji. So there is no avenue for appeal. No-one can go to the Privy Council in London any longer. Which is more the pity under the circumstances.
The court has pathed a middle ground, recognizing the 2013 as the supreme law but relaxing the provisions of amending the 2013 constitution.
Constitutions do need to be flexible and adaptive to future changes, look at the US constitutions has gone through amendments.
For the first time in Fiji history the people will have a say on approving the amendments through the referendum.
So let the process play out and the people will decode if they like the amendments or not.
You always heavily criticize the courts , Parliament and the Executive Branch of Govt in Fiji, look at what’s happening in the USA, Trump controls the Supreme Court, now he will control the Federal Reserve, re-districting will ensure a GOP rules the house.
Let the people of Fiji decide what they want through the referendum and not GD and Grubsheet.
Hahahahaha! Pote!! Hahahahaha! Pote! Hahahahaha! Pote! Hahahahaha! Pote!
Let’s get more Indians from India!
Hahahahaha! Pote! Hahahahaha!
Lets get more Indians from India!
Hahahahaha!! Pote!
Hang on, I need to catch my breath
Hahahahaha! Pote! Hahahahaha! Hahahahaha! POTE! Hahahahaha!
Hahahahaha!Hahahahaha!
Hahahahaha!ROTFLMAO!
All the doomsayers are wrong. We still have Biman Prasad and the NFP. They will fight this to the end. They will never let down Fiji Indians. They are not sellouts. They are not self serving. Especially not Biman. He is a courageous leader with big balls. He is incorruptible. Indians of Fiji put your faith in Biman, the greatest Indian leader in Fiji’s history. Better than AD Patel. Better than Koya. Better than Reddy. Better than Chaudhry even. That’s Biman (not Baiman). And NFP is the best party for represent Fiji Indians.
Vote Biman!
Vote NGP!
You are completely deluded. And what is the NGP? The National Grease-up Party? Biman Prasad is the ultimate betrayer and will die a violent political death. Of that, you can be sure.
Wonder what the RFMF thinks?
“Thinks”? They’re too busy saying sorry.