The Acting Attorney-General and Minister for Justice, Siromi Turaga, has moved to allay growing public concern over the National Referendum, rejecting claims that the proposed law breaches constitutional rights to free speech or is driven by hidden political motives.
In a statement issued in response to the criticism, Turaga said some online commentary was “generating unnecessary alarm” by misrepresenting the intent and legal basis of the Bill.
He specifically addressed Clauses 22 and 23 of the Bill, which impose restrictions on the use of badges, symbols and emblems, as well as canvassing activities during a referendum period. According to the Acting Attorney-General, these provisions are designed to safeguard the integrity of the referendum process.
“These clauses are in line with international best practices to avoid undue influencing of votes or interference with political autonomy,” he said.
Turaga added that similar provisions already exist in Fiji’s laws, pointing to Section 145 of the Electoral Act 2014.
He also noted that comparable restrictions can be found in overseas legislation, including Singapore’s National Referendum Ordinance 1961 and Australia’s Referendum (Machinery Provisions) Act 1984.
Addressing constitutional concerns, Turaga said the right to freedom of speech and expression under Section 17 of the Constitution is not absolute.
“The Constitution clearly provides that, where necessary, laws may limit these rights in the interests of national security, public safety, public order, public morality, public health, or the orderly conduct of elections,” he said.
He further referenced Section 7(3) of the Constitution, which guides courts to adopt a more restricted interpretation of laws where possible, rather than invalidating them outright.
“A law that limits a right or freedom is not invalid solely because it exceeds those limits if it is reasonably capable of a more restricted interpretation,” Turaga said.
The Acting Attorney-General emphasised that the Bill has not yet been enacted and remains under parliamentary scrutiny. It is currently before the Standing Committee on Justice, Law and Human Rights.
“True to the spirit of democracy and a living, breathing Parliament, submissions can and should be made to the Committee,” he said.
Turaga encouraged members of the public to engage constructively through the committee process, saying it was the appropriate forum for views to be heard.
“We encourage that submissions be made so that the views of concerned persons and ordinary Fijians may be taken into consideration as we strive to enact a law that is responsive, effective and suitable to the context of Fiji,” he said.
