Lecturer identifies wording errors in 2013 Constitution

A linguistics lecturer at the University of the South Pacific has identified significant wording errors within Fiji's 2013 Constitution, arguing that inconsistent use of parts of speech leads to conflicting interpretations of meaning and tense. Rajendra Prasad stated that many words are used indiscriminately across different chapters and sections, hindering clarity.

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many words are used indiscriminately across chapters and sections.

Prasad further contends that the constitution grants excessive power to the Attorney-General's office and individual ministers. He pointed to clauses like Section 121(5), suggesting that some ministers, from both past and present governments, have abused these powers. As an example, he cited the previous government's late-night deportation of the USP Vice-Chancellor, arguing that legal avenues like the court system should have been pursued instead.

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the 2013 Constitution grants excessive power to the Attorney-General’s office and individual ministers

He also noted that while the Bill of Rights is heavily conditional, ministers lack the authority to act on personal discretion. Consequently, Prasad advocates for the reinstatement of the independent Ombudsman Office. He also highlighted that the constitution outlines numerous rights that lack specific clarity and are not actively practiced, such as the right to education under Section 31(3), which mandates the teaching of iTaukei and Fiji Hindi languages as compulsory subjects in primary schools, but uses imprecise language.

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ministers do not have the right to act on a personal level.

Prasad expressed hope that future constitutional drafts will incorporate clearer linguistic grammar, making the document more accessible to the public. His analysis focuses on the need for precise language and balanced power distribution within Fiji's foundational legal document.

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I will talk specifically about the Bill of Rights, Section 31, right to education. Section 31 (3), which states this conversational and contemporary iTaukei and Fiji Hindi languages should be taught as compulsory subjects in all primary schools. Once again, the use of the words is nothing like the iTaukei language.