The Supreme Court has declared the 2013 Constitution to be the legally effective constitution of Fiji and confirmed that Parliament may amend certain provisions, provided those changes are approved through a national referendum.
Responding to questions posed by Cabinet, the Court ruled that amendments to Chapter 11 and parts of Chapter 12 of the Constitution 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).
However, any such constitutional change must also be approved by a majority of voters participating in a national referendum to become legally effective.
“The approval of any amendment to the Constitution by a majority of the registered voters voting in a referendum is necessary to make any amendment legally effective,” the Court stated in its formal opinion.
In addition, the Court clarified that a two-thirds majority in Parliament is the required special majority for passing constitutional amendment bills.
The referendum threshold is a simple majority of those who vote, not of all registered voters, a significant reinterpretation aimed at enabling feasible constitutional change.
Addressing another major question, the Court concluded that the 1997 Constitution is no longer valid or applicable in Fiji’s legal framework.
This ruling follows the Court’s broader declaration earlier in the week, in which it recognized the 2013 Constitution through the application of common law, despite acknowledging its imposition and lack of public endorsement.
