SODELPA has questioned the legal basis for Prime Minister Sitiveni Rabuka’s announcement of December 9 as the date for Fiji’s national referendum, calling on Attorney-General Siromi Turaga to publicly clarify the Government’s authority to announce the date before the remaining parliamentary process is completed.
The party said its leader had raised concerns that announcing a fixed date could pre-empt processes involving Parliament, the President and the Electoral Commission.
“The rule of law and constitutional order in Fiji cannot be subordinated to executive convenience or political scheduling,” SODELPA leader Aseri Radrodro said.
“A national referendum is a grave constitutional mechanism governed strictly by law, not an executive prerogative to be announced at a press conference before statutory and parliamentary prerequisites are complete.”
The Constitution (Amendment) Bill 2026 has passed its second reading and is before a Special Committee for public consultations. Government has said the proposed December 9 referendum remains subject to the President issuing the referendum writ.
SODELPA has submitted 10 questions to the Attorney-General, including what specific constitutional or statutory provision allows the Prime Minister to fix a referendum date and whether December 9 is legally binding or an executive timetable.
It also wants clarification on whether the President remains free to appoint another polling date and what would prevail if the date contained in a presidential writ differed from that publicly announced by the Prime Minister.
The party has also questioned the proposed suspension of General Election campaigning, the financial cost of conducting a referendum and General Election within a short period, voter education and the use of State resources during the referendum campaign.
The Electoral Commission has confirmed it has yet to decide whether General Election campaigning will be suspended and will consider the Prime Minister’s request under the National Referendum Act.
SODELPA also called for any written legal advice relied upon by Cabinet in announcing the referendum timetable to be tabled in Parliament.
“No one is above the law,” the party said, adding that parliamentarians must make decisions that prioritise the people they represent.
