Litia Cava 
[File Photo]
The Supreme Court has set new rules for amending Fiji’s 2013 Constitution, requiring two-thirds of all members of Parliament to support a Bill at the second and third readings and a majority of voters in a referendum to approve the changes.
Chief Justice Salesi Temo noted that the Constitution while legally effective was imposed on the people and not chosen by them, creating a democratic deficit.
The Court found that the previous amendment requirements, which demanded three-quarters of Parliament and all registered voters at a referendum, made changes nearly impossible and disempowered citizens.
To address this, the Court gave a qualified recognition of the Constitution.
The amendment provisions remain in force but are now interpreted to allow workable thresholds two-thirds of Parliament and a simple majority of voters preserving the structure of approval while enabling democratic control.
Temo said this ensures reform was possible without domination by any single interest group.
For stability, the Court upheld section 159(2)(a) on immunities and section 159(2)(b) on transitional provisions, but rejected section 159(2)(c), which prevents amendments to the amendment rules themselves.
Applying common law, the Court confirmed it has jurisdiction to answer Cabinet’s questions under section 91(5).
It also stated that the 1997 Constitution is no longer valid, cementing the 2013 Constitution as Fiji’s legal framework for governance, elections, and legislation.
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