[Photo: File]

The Centre for Democracy and Dialogue says the proposed timeline to bring a new Constitution into force by 24 December 2026 raises serious constitutional, legal, and democratic concerns.

Chief Executive Nilesh Lal says the timeline will take the country into a period of undemocratic rule without necessity.

Lal stresses that Parliament’s democratic authority is time-bound, derived from the voters’ mandate, and expires after four years for the current Parliament.

“If a new Constitution is brought into force at the end of December 2026, and if it changes the electoral system, procedures, nomination rules, party requirements, constituency arrangements, or other legal conditions, it may become legally and administratively impossible to hold a general election within the required period following the dissolution of Parliament.”

Lal says any such outcome is constitutionally unacceptable.

He warns that using constitutional reform to delay elections, extend Parliament, or allow the Executive to govern beyond its elected term amounts to an autogolpe, or self-coup.

No reform should extend the authority of Parliament or the Executive beyond their democratic mandate.

CDD adds that the danger is serious because Fiji’s next general election must occur within the legally prescribed timeframe, and any disruption strikes at the foundation of representative government.

Lal emphasizes that a Constitution cannot be used to defeat democracy, create a legal vacuum, or allow governance past Parliament’s authority.

He says returning to undemocratic rule is unthinkable after 12 years of constitutional government and the historic, peaceful transfer of power in 2022.

“Fiji has already paid a heavy price for unconstitutional rule. The peaceful transfer of power in 2022 confirmed that political authority can change through the ballot box. That achievement must not be imperiled by a rushed timetable and withheld elections.”

He says the proposed 24 December commencement date must be assessed against its impact on the election.

“The central legal question is simple: will this process preserve the people’s right to elect a new Parliament on time, or place that right at risk?”

CDD is calling on the Government to give an unequivocal public guarantee that the general election will be held on time, regardless of the review process.

Lal adds that constitutional legitimacy requires more than passing amendments and a referendum, warning that a rushed process threatens democratic continuity and the rule of law.