Fiji’s Constitution Amendment Bill has not managed to get the 75 percent majority that is required for the amendments to take place.
The final vote count was 40 in favour, 14 against, and one did not vote.
The 40 included Independent Opposition MP’s Sachida Nand and Shalen Kumar.
Opposition Member of Parliament, Sanjay Kirpal did not cast his vote last night that resulted in the defeat of the Constitution Amendment Bill 2025.
Last week, Kirpal was one four MPs from the opposition who had voted for the Constitution Amendment Bill when it was tabled for the first reading.
The voting result shows Kirpal was marked present at the time of the vote.
Speaker of Parliament Filimone Jitoko said three quarters of the members equals 41 members which has not been achieved so the bill shall not proceed.
“Standing orders 93(1)(b) states that no less than three-quarters of all members vote in favour of the Bill being read a second time. Three quarters of all members equals 41 members of parliament.”
“Therefore, if 41 votes are not achieved, the Bill shall not proceed and is defeated”.
“It ends here,” said Jitoko.
The 2013 Constitution was promulgated and came into force on 06 September 2013.
Under Section 159, constitutional amendments can only be made following the procedure out-lined in Chapter 11 of the Constitution.
Meanwhile, Attorney General Graham Leung says seeking clarification from the Supreme Court on amending the Constitution remains an option.
Speaking after the defeat of the Constitution Amendment Bill 2025, Leung said the government will regroup and decide on its next steps.
The Attorney General said that the Constitution allows the government to seek a Supreme Court opinion.
He also admits that had the Bill passed it would have assisted in making way for a lot of changes including controlling powers vested on the Attorney General.
“The electoral provisions, we believe, are undemocratic and unfair. There’s too much power vested in the Attorney General. The human rights provisions are conditional, and rules like the five percent threshold to qualify for a seat in Parliament disadvantage smaller political parties and independents.”
Finance Minister Professor Biman Prasad expresses disappointment that the majority of the Opposition voted against the Bill.
“I’m disappointed. I think the Opposition misses an important and historic opportunity to review the Constitution. They all agree that it needs to be reviewed, yet they are confused about the process.”
The deputy Prime Minister said the Bill is procedural and aims to initiate the process for a successful constitutional review.
Opposition Leader Inia Seruiratu claims that lobbying was happening in the lead-up to the Bill’s debate.
However, he expresses satisfaction with the outcome, which favours the Opposition.
Speaking Parliament, Seruiratu there has been a lot of chatter and allegations about the will of the people not reflected in the 2013 Constitution, particularly in the area of consultation that took place.
He said after the events of 2006, a National Council for Building a Better Fiji was established.
Seruiratu argued that the views of the people were adequately represented, even though certain political groups were not part of the National Council due to the fallout from the 2006 coup.
He said extensive consultation was already done and the people’s wishes were reflected in the draft that was made.
“I know that there will be parliamentary committees according to government, but we all know the submissions, the public submissions that are made when committees go up. Very low turnout. But with a referendum, everybody, every Fijian participates. We’ve always talked about leaving no one behind. This is a government that listens. We are saying that it’s difficult to amend but give it a try. Let’s hear the people, it can be done. It’s possible,” said Seruiratu.
