Lawyer Jon Apted

Prominent lawyer Jon Apted claims that the constitution is fundamentally flawed and there needs to be a comprehensive review and reform.

While presenting at the Attorney General’s Conference, Apted acknowledges the divided opinion on the document, with some Fijians feeling deeply dissatisfied and others finding a sense of security in its provisions.

However, Apted highlights key issues with the 2013 constitution, particularly the erosion of human rights protections and the lack of genuine separation of powers.

One of the most critical areas, according to Apted, is the election system.

Apted says under the 2013 constitution, Fiji uses a multi-member proportional representation system that, in practice, consolidates power and leaves local constituencies unrepresented.

He states that in the current system, MPs can have as few as 600 votes, yet hold ministerial positions and wield significant influence.

The Suva lawyer claimed that the constitution, as it stands, is about the rulers deciding how they will govern us, not the people determining how they want to be governed.

“The 2013 constitution, however, has an opposite focus. It contains the rules by which the people in power decided that they would rule over us. It’s ruler-centered, not people-centered.”

Responding to Apted, Opposition member Inia Seruiratu says the people have different opinions on this, but it’s the current Constitution and it’s the one that is being used now.

Seruiratu stresses that we are also bound by the provisions of the current Constitution.

“If Mr Apted or the Law Reform Commission or government for that matter intends to change the Constitution, how that Constitution is changed is also stipulated in the Constitution itself. As I’ve stated, there are different opinions about the Constitution, but that Constitution is still binding, and we are bound by the provisions, and we will ensure that as law-abiding citizens, we will go by the 2013 Constitution for now.”

Also weighing on the lawyer’s comments, Opposition member Jone Usamate says that Apted has his own opinions but that does not mean that his opinions are true.