THE Fiji Labour Party has rejected the legitimacy of the Constitution Review Commission’s report and draft Constitution, accusing the Government of driving an executive-led process without a mandate from Parliament.
FLP leader Mahendra Chaudhry said the party stood by its initial position that the CRC itself lacked legitimacy because its appointment, composition and terms of reference were not mandated by Parliament.
“Labour maintains its initial stand that the CRC lacked legitimacy,” Mr Chaudhry said.
“It did not carry the mandate of Parliament.
“Neither the Prime Minister nor the President have powers to appoint a review of the constitution without the approval of Parliament.”
He said the 2013 Constitution was clear that it could not be suspended, abrogated or amended except through the prescribed constitutional procedures.
“The controversial, executive-driven CRC report and draft constitution, therefore, lacks legitimacy.”
He also questioned whether the consultation process was sufficiently representative, saying “less than 5000 people either appeared before it or made written submissions.”
Mr Chaudhry accused Prime Minister Sitiveni Rabuka of pursuing a rushed timetable to have a new Constitution in place by Christmas Eve.
“The Prime Minister’s agenda is to have the draft constitution in place by Christmas Eve.
“He has some critical hurdles to overcome, including putting it through a national referendum.”
Cabinet has proposed Parliament debate the CRC report from September 28, with a referendum between November and mid-December and the new Constitution taking effect by December 24 if approved.
Mr Chaudhry said strong opposition from political parties and civil society could make the process difficult.
“Considering the very strong public criticism from civil society groups as well as political parties to his plans to rush the process through Parliament in the next couple of months, it is highly unlikely that he will secure the two-thirds majority he requires.”
Under the Supreme Court’s 2025 opinion, constitutional amendments require support from at least two-thirds of all MPs at the relevant parliamentary readings and approval by a majority of voters voting in a referendum.
