Prime Minister Sitiveni Rabuka

Prime Minister Sitiveni Rabuka has clarified that his party’s submission to the Supreme Court asks the court to consider all possible actions and remedies regarding the Constitution.

He stressed that everything will be done according to the law and the court’s ruling. When asked if the submission includes removing the 2013 Constitution and reinstating the 1997 Constitution, Rabuka confirmed it is one of the suggestions.

However, he emphasized the question is open, and the court will decide whether to discard one constitution, amend the other, or take another course.

The government will not comment further until the court makes its decision.

Rabuka: “That is part of the confirmation, yes. And that is to remove the 2013, bring in the 1997? That is the suggestion. That is what we are asking for. And the court can just say, No, we’ll do it this way.”

Reporter: Okay, sir, but if that happens, they bring in the 1997 Constitution, which means we can’t have the next election next year, because we’ll need a new set of election laws.

Rabuka: “Correct. So, I mean, do you… Those are the practicalities that are considered necessitate suggestions on delaying or making alternative arrangements to another election? What do we do with the result of the elections carried out under the 2013 Constitution?”

Rabuka acknowledged that if the court orders the return to the 1997 Constitution, this could delay the next election since new election laws would need to be passed first.

He said practical issues like this are part of the submission, and possible alternatives for elections are being considered.

On concerns about the 1997 Constitution causing upheaval over equality, Rabuka said everything must follow the law and the Supreme Court will make that decision.

He confirmed there has been no consultation with the Military Commander, but the commander and senior officers may submit their views independently.

Facing critics who accuse him of wanting to delay elections to stay in power, Rabuka rejected this, saying he is not hungry for power and is ready to hand over at age 77.

He said the submission is about using the legal opportunity to ask the Supreme Court important questions.

Rabuka expressed hope that the court will rule in the country’s best interest and said the court could also find ways to avoid long delays.

According to the current Constitution, elections can be held in February next year, but the Supreme Court’s ruling will determine the final path forward.

The case involves submissions from the government and several interveners, including political parties and civil society groups, all presenting views on the future of Fiji’s constitutional framework before the Supreme Court makes its decision.

The Supreme Court is set to deliver its opinion on September 5 to determine whether parts of the 2013 Constitution can be amended.

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