Fiji’s Attorney-General Graham Leung says the Government intends to use Section 91 of the Constitution to obtain an opinion from the Supreme Court, on the legality of sections that are in conflict or are unconstitutional.
In a statement, Leung said expert legal advice suggests parts of the Constitution that make changes impossible or very difficult, are themselves unconstitutional.
“Government sees the value in seeking guidance from the Supreme Court in terms of amending the Constitution. Government is committed to abiding by the rule of law and working within the framework of the Constitution.”
He said the purpose of the Constitution (Amendment) Bill 2025 is to reduce the bar for amending the Constitution to a more realistic level.
Leung said the 1970, 1990, and 1997 Constitutions did not have any requirements for changes to the Constitution to be agreed to in a referendum.
“We have never had any referendum in this country.”
The Attorney-General said that consistent with past practice, the Government considers that the will of the people is able to be heard and expressed through their elected MPs.
Leung said the Bill before Parliament seeks to reduce the Parliamentary majority from three-quarters to two-thirds of the MPs voting.
He said this is the same figure that was contained in Section 191(2) of the 1997 Constitution, which was adopted unanimously by Parliament.
He said that a constitution that does not reflect the will of the people, or one that is impossible to change, is not fit for purpose.
He said it is important that discussions on Constitutional changes take place in an informed, factual, and open manner, free from fear, scaremongering, and untruths.
“The Amendment Bill is about making the amendment process itself more achievable. As it stands, Sections 159 and 160 of the Constitution make it extremely difficult to change the Constitution,” said Leung.
Meanwhile, Unity Fiji Leader Savenaca Narube says the Government’s intention to amend the 2013 Constitution is a political ploy, as there are no provisions in the Constitution for a review.
Speaking to FijiLive, Narube said the Constitution can only be amended if the requirements in Chapter 11 are fully met – No Court of Law will allow any amendment that is unconstitutional.
“In my view, the so-called review announced by the Government is a ploy – The Government itself does not even know what will happen after the review,” Narube said.
The former Reserve Bank Governor said there are intentions by the Party and like-minded groups to challenge the legality of the Constitution in Court.
Narube said he has been tasked to lead and Chair the Working Group.
He said the Group fully understands the gravity and complexity of the task ahead – And is committed to take on this initiative for the sake of country.
“This is an incredible challenge which will be coordinated professionally – this is also a legal challenge, and we will comply with all the necessary legal processes.”
“I want to assure the nation that this challenge will not create any instability in the country. We have covered all the possible impact of the court challenge, and we intend to seek the necessary court orders for a smooth and stable transition to a new Constitution.”
He added that this would be a costly exercise, but the benefits to the country are far more valuable than the costs.
