[File Photo]

The government is seeking Supreme Court clarity on constitutional provisions that hinder amendments.

Attorney-General Graham Leung states that the move is necessary to ensure constitutional reforms can be achieved lawfully.

The Constitution Amendment Bill 2025, tabled in Parliament last week, seeks to lower the threshold for changes to the Constitution.

Currently, amendments require the approval of three-quarters of both Parliament and registered voters in a referendum.

The proposed changes would reduce the parliamentary majority required from three-quarters to two-thirds, aligning it with the 1997 Constitution.

Leung maintains that the government is committed to constitutional reform within the law.

Leung said the government was seeking guidance from the Supreme Court to determine whether certain provisions of the Constitution are unconstitutional or conflict with its broader objectives.

He reiterated that any constitutional changes would be pursued through an open and inclusive process, with public participation to follow at a later stage.

The legal man says the changing of Fiji’s Constitution requires three quarters of the Parliament and also the same from the registered voters.

He added that by 2026, there is expected to be around 750,000 people on the electoral roll, meaning it will take 562,000 referendum votes to change the constitution.

This he says makes it merely impossible, adding advice given so far points that this in itself is unconstitutional.

He dismissed claims from the opposition that the bill was introduced improperly, stating that standing orders must defer to the Constitution where inconsistencies arise.

He highlighted several provisions in the 2013 Constitution that he believes warrant review. Among them is Section 56, which prevents Fijian citizens living overseas from contesting elections unless they have resided in Fiji for two years before a general election.

He also pointed to Section 6(5), which allows for limitations on human rights beyond what is explicitly outlined in the Constitution.

Other areas of concern include Section 19, which could restrict trade unions and impact workers’ rights, and Section 53(3), which requires political parties or independent candidates to secure at least five percent of the vote to qualify for a seat in Parliament, something he considers unfair to smaller parties and independent candidates.

Additionally, he raised concerns about the concentration of power in the role of the Attorney-General under the current Constitution.

Leung said the government was seeking guidance from the Supreme Court to determine whether certain provisions of the Constitution are unconstitutional or conflict with its broader objectives.

He reiterated that any constitutional changes would be pursued through an open and inclusive process, with public participation to follow at a later stage.

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