National Federation Party lawyer Jon Apted has urged the Supreme Court of Fiji to advise Cabinet that a constitutional amendment bill that has been presented in Parliament and had the support of more than two-thirds of Parliament should be sufficient to amend the Constitution without triggering a referendum.
Mr Apted made the remarks during submissions in the constitutional reference case, which seeks judicial guidance on how sections 159(2) and 160 of the 2013 Constitution should be interpreted.
“The bill was passed by more than a simple majority, more than a two-thirds majority, just short of a three-quarter majority,” Mr Apted said.
He submitted that if the Court agrees with the State’s argument that the current amendment procedures in sections 159(2) and 160 are contrary to the spirit of the Constitution, then the bill already passed by more than two-thirds of MPs should be enough to proceed.
“We invite the Court to advise the Cabinet that the bill may be presented to His Excellency for assent, thereby amending the Constitution so that a two-thirds majority of the House will be sufficient,” he said.
Mr Apted acknowledged that the National Federation Party supports maintaining a supermajority for constitutional amendments, to protect voters from unilateral political changes, but argued that a two-thirds threshold is both democratic and workable.
He described this solution as a “bridge” between the State’s position and the concerns of those who believe that requiring a three-quarters majority plus a referendum is unduly rigid and undemocratic.
While Mr Apted accepted that the Court may ultimately determine it has no power to “write in” an alternative process, he stressed that his proposal reflects real parliamentary events and offers a constitutionally respectful pathway forward.