Constitutional review process should not be rushed: NFP

The National Federation Party (NFP) has urged caution regarding Fiji's constitutional review process, asserting that it should not be rushed. Presenting submissions to the Constitutional Review Commission, NFP Leader Professor Biman Prasad emphasized that a hurried approach risks undermining the credibility and legitimacy of any resulting constitution.

Professor Prasad highlighted concerns about the timeline, stating that Fiji lacks sufficient time to adopt a new constitution before the upcoming general election, which is constitutionally mandated by February 2027. He pointed to historical precedents where significant time was required for Parliament to enact supporting legislation before elections could be held under a new legal framework. "2013 Constitution was imposed upon the people of Fiji on 7th September 2013. General elections were held on 17th September 2014," he noted, illustrating the need for meticulous work on consequential legislation and electoral system changes.

The NFP advocates for a hybrid approach, suggesting the commission consider submissions and integrate desirable provisions from both the 1997 and 2013 Constitutions into a new document. Professor Prasad clarified that the commission's mandate to recommend changes to the 2013 Constitution does not preclude it from drafting an entirely new one. He added that Parliament holds the responsibility for either amending the 2013 Constitution or repealing it.

Referencing past constitutional changes, the NFP leader recalled that the 1997 Constitution (Amendment) Act led to the repeal of the 1990 Constitution, which had a review clause after seven years. This historical context, he argued, demonstrates that a review process does not inherently prevent the creation of entirely new legislation or a constitution, alongside the repeal of existing laws. The party believes the next general election should proceed under the existing 2013 Constitution, with electoral reforms addressed through amendments to the Electoral Act.

“

2013 Constitution was imposed upon the people of Fiji on 7th September 2013. General elections were held on 17th September 2014. I am highlighting this, Mr. Chairman and members of the Commission to labour the point that having a new Constitution and working on it meticulously through all the consequential legislation, changes to the electoral system, if you are going for constituencies, boundaries, etc there is a lot of detail work that is needed. So that’s a very important point that we as a party would like to make.