Fiji’s Prime Minister Sitiveni Rabuka as part of his legislative agenda outlined by the President at the Opening of Parliament last week, tabled and read for the first time in Parliament the Constitution (Amendment) Bill 2025.
Parliament has scheduled the second reading of the Bill, at a future date.
Speaker of Parliament Filimoni Jitoko has urged MPs to prepare themselves for the second reading and to peruse the contents of the Prime Minister’s Bill.
The Leader of Government Business in Parliament, Ro Filipe Tuisawau moved the motion to suspend Standing Orders 6(5) and 92, to allow the Prime Minister to proceed with the first reading of the Constitution (Amendment) Bill 2025; and that Standing Orders 92 and 6(5) are suspended until the conclusion of the third reading and vote on the Constitution (Amendment) 2025.
This received criticism from Opposition MPs saying that the Standing Order is subservient to the 2013 Constitution, the supreme law of the land.
Speaking on his motion, Tuisawau said it is the prerogative of the Government to amend the Constitution.
He said given that Standing Orders 92 and 6(5) limits the essence of making amendments to the Constitution, it is prudent that these Standing Orders are suspended so that the Prime Minister can table his Constitution (Amendment) Bill 2025.
He said the Government’s intention is not to derail the process but simply to allow an avenue for the introduction of proposed amendment according to the process outlined in Section 160 of the 2013 Constitution.
He called for both sides to work together to addressing issues in the Constitution that are contradictory – and in-depth a threat and undemocratic to Fiji.
“We are at a critical juncture in Fiji’s history. Fiji has been through many political upheavals, including the 1987 coups.”
“This is something that the Prime Minister has always said that should have not happened in our country. It is to his credit, that he noted that the 1990 Constitution (which was imposed by the military government) was not good for the nation.”
“He began a Constitution Review Commission headed by Sir Paul Reeves, the late Tomasi Vakatora, and the late Professor Brij Lal which gave rights to the draft copy of the 1997 Constitution, which was then discussed by a Joint Parliamentary Committee and later passed by Parliament.”
Opposition MP Faiyaz Koya objected to the Government attempt to pass a motion, under Standing Order 74(1)(a), saying that the motion was a breach of the Standing Orders and the Constitution.
He said the motion to suspend the Standing Orders cannot be done.
“You are working to try and amend the Constitution. There are provisions in the Constitution that allow the Government to amend the Constitution; however, at the same time, the Constitution is the supreme law of the country.”
“Effectively, you cannot bring a Bill of this nature into Parliament call for the suspension of the Standing Orders to facilitate that particular bill because it is unlawful and contrary to the Constitution.”
In his ruling Speaker Jitoko said he differed from MP Koya’s argument and ruled against Koya’s Point of Order and allowed the debate on the motion.
He said Section 159 (2) (c) talks about the whole chapter and not just the section.
He said Section 160 can stand alone of Section 159 (2)(c).
“We can both agree that the Standing Order is subordinate to the Constitution.”
The Speaker would provide a copy of his written ruling later.
Meanwhile, the group 16 Fiji First members in Parliament suffered another blow Wednesday after four MP’s broke rank and voted to support moves to the change the 2013 Constitution.
Rinesh Sharma, Shalen Kumar, Sachida Nand and Sanjay Kirpal voted with the Government side to allow the Prime Minister to table the Constitution (Amendment) Bill 2025 in Parliament.
41 members voted for the motion, 13 against and one MP did not vote.
