Praneeta Prakash 
[Photo: SUPPLIED]
The President of the Court of Appeal has stressed the importance of public participation in constitutional reform.
Justice Isikeli Mataitoga says that referendums are essential to ensure that citizens retain ultimate authority over changes to Fiji’s supreme law.
Speaking at a consultation of the constitution review committee on Fiji’s 2013 Constitution, Justice Mataitoga urged a holistic understanding of the constitutional framework.
Justice Mataitoga says a constitution is not only a structure for allocating state power, but also a mechanism that must reflect the will of a much broader voter base.
“The constitution is not only a document that lays out the power points and the people who will control those power points. Always remember that there is a voter group much bigger and more powerful than any of us. We insist, I personally insist on that provision being in that decision.”
Justice Mataitoga says that without such safeguards, constitutional reform could be driven solely by those in positions of power, without adequate public consent.
“The pressure was not to have a referendum at all. If you go back to the previous submission, the main submission said there was no need for a referendum. We said no, we will put it in. Again, to give the people of this nation an opportunity to say yay or nay to what has been proposed to be the final thing that will become their constitution?”
The Court of Appeal President added that without meaningful public participation, constitutional reform risks repeating past experiences where major legal and political changes were introduced without sufficient consultation.
