Fiji Law Reform Commission Director Raijeli Tuivaga

As the simulation process for the electoral law review approaches its launch at the end of this month, questions are being raised about whether the ongoing reform work will be affected if the 2013 Constitution is amended or repealed.

Fiji Law Reform Commission Director Raijeli Tuivaga assures that the reform team is fully aware of these potential constitutional changes and is actively preparing for both scenarios.

Earlier this year, Cabinet approved the Fiji Law Reform Commission to take charge of the review and reform process of the electoral laws, with work beginning on March 20.

Tuivaga confirms that, for now, the Commission continues its work based on the existing legal framework.

“In any review that we do, that’s always there. We can do this and that and that all under here, under the subsidiary legislation, but we cannot ignore the 2013 as is what it says, what it stands. So that’s the same with this review.”

The Commission’s work is guided by terms of reference that require a review not just of three electoral laws, but also the “mother legislation” the 2013 Constitution.

Management Consultants Chief Executive, Nirmal Singh questioned if the final report depends fully on the 2013 Constitution or if the reforms can still go through with just a simple majority in Parliament.

Unity Fiji member, Sameula Tupou says while the reform work is completely based on the 2013 Constitution, what will happen to all the work if the Constitution is removed and whether the team has a backup plan.

In response, Tuivaga says the report will have two parts, one based on the current Constitution, and another in case it’s removed.

She adds that Electoral Law reform commissioners have already prepared options looking at the 2000 Constitution.

The Director also assured that inputs from the public will not go to waste, and after the report is submitted to the Minister for Justice, they will continue to follow up on it until recommendations are fully considered.

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