The Supreme Court has ruled that the 2013 Constitution must be recognised as Fiji’s lawful and effective constitution, citing the passage of time, electoral outcomes, and public life under its framework as evidence of popular acceptance and support.
In its landmark judgment delivered yesterday, the Court acknowledged serious concerns about the way the Frank Bainimarama-led government came to power and governed, but concluded that over time, the regime and the 2013 Constitution had attracted sufficient public endorsement to be legally recognised.
“What must be established is not just tacit submission to coercion or fear of force, but popular acceptance and support,” the judges stated.
The Court accepted that in the immediate years after the 2006 coup, public life in Fiji was marked by media suppression, a lack of political freedom, and what affidavit evidence described as “thuggish behaviour” aimed at silencing opposition.
These factors, the Court said, cast doubt on the legitimacy of the Bainimarama government in its early years.
However, it concluded that with nearly 19 years having passed since Fiji last operated under the 1997 Constitution, and with 12 years of governance under the 2013 Constitution, a new legal order had been firmly established.
“Given the periods of time to which we have referred and what has happened, we see no escape from the conclusion that the Bainimarama-led government and its 2013 Constitution have attracted sufficient popular acceptance and support,” the ruling stated.
The Court pointed to the 2014 general election, where voter turnout was 84.6% and FijiFirst won 59.17% of the vote, as a turning point.
SODELPA, which had campaigned on reinstating the 1997 Constitution, received 28.18%.
“That FijiFirst achieved twice as much support as SODELPA might be thought to be something of an endorsement of the 2013 Constitution,” the Court noted.
“The very high turnout itself indicates public acceptance.”
This conclusion, the Court said, was further reinforced by the 2018 and 2022 elections, where the framework of the 2013 Constitution continued to guide Fiji’s political processes.
“All of this leaves no scope for doubt,” the judges wrote, “that the 2013 Constitution must be recognised as the lawful and effective constitution of Fiji.”
