PRIME Minister Sitiveni Rabuka says Government has the majority in Parliament to make amendments to Chapter 11 and parts of Chapter 12 of the Constitution as ruled by the Supreme Court yesterday.
The Supreme Court ruled that amendments to these two chapters could happen in Parliament if supported at the second and third readings by a two-thirds majority of all Members of Parliament and any such constitutional change must also be approved by a simple majority of voters participating in a national referendum.
Delivering the Supreme Court decision yesterday, Chief Justice Salesi Temo said such amendments may proceed if supported at the second and third readings by a two-thirds majority of all Members of Parliament, as outlined in Section 160(2).
The ruling follows Cabinet’s decision to seek the Supreme Court’s opinion on the interpretation and application of Sections 159 and 160 of the 2013 Constitution, which prescribes the processes for amending the 2013 Constitution.
When asked whether he has the numbers to make the changes, Mr Rabuka said, “We do.”
“It didn’t go all our way but its workable. We have the majority in Parliament.”
Peoples Alliance Party lawyer Simione Valenitabua described the judgment as a fair ruling.
“From the party perspective, we take positive takeaways from it,” he said.
“The retention of 2013 Constitution and also reduction of majority from three quarter to two thirds, and referendum of a simple majority is achievable and reasonable.
“For us it is a win-win situation.
“We respect its jurisdiction and that the Supreme Court exercises its first and last instance, there’s no appeal further .”
Mr Valenitabua said they would need to work with whatever the opinion of the Supreme Court is to Cabinet.
“We will then await Cabinet to move the State machinery in order to look at how best we can work towards seeking amendment towards the Constitution.”
Meanwhile, the counsel for the governing coalition partner – SODELPA – Jolame Uludole said he was disappointed because he believed the 1997 Constitution was still valid.
“The 1997 Constitution is still a legal document upheld by the Court of Appeal and they totally disregard it and I was disappointed,” he said.
“Our recommendation is that they recognise some of the Acts and Bills enacted under 2013 Constitution but the 1997 Constitution still has to come into place because it has not been legally abrogated.
“The other recourse we have now is to change it in Parliament and we need to get our majority into Parliament.”
Government has 36 MPs while Opposition has 19.