PRIME Minister Sitiveni Rabuka could announce a date for the national referendum on constitutional reform before the Constitution Amendment Bill was passed in Parliament but the date cannot be legally binding until Parliament passes it.
Former supervisor of elections Jon Apted, who was also co-legal counsel to the Reeves Constitution Review Commission in 1997, said the announcement was best understood as an indication of the Government’s intentions, provided the Bill secured the required parliamentary support.
“In view of recent announcements by the Prime Minister’s Coalition partners, it is also an open question whether the Bill will receive the required minimum two-thirds affirmative vote on the third reading,” he said.
Under the National Referendum Act 2026, the Speaker is required to notify the President once the Bill is passed, so that the President could then issue the writ for a referendum.
Mr Apted said the PM had the legal right to decide the referendum date if the Bill was passed.
He said the President was constitutionally required to act on the PM’s advice when carrying out his role, meaning the date specified in the referendum writ would be decided by the Prime Minister’s advice.
“It would not be disrespectful for the PM to indicate ahead of time what he intends to advise the President to do,” Mr Apted said.
He said this was like the PM announcing a general election date before it is formally confirmed through a writ issued by the President.
Mr Apted said the PM indicating the intended referendum date could help the Fijian Elections Office, stakeholders and the public prepare for the vote.
“In my view, there are no institutional risks arising out of the PM’s announcement.
“The only risk is to the PM’s pride and reputation and public confidence in him if the Bill is not passed by the required majority.”
