Prime Minister Sitiveni Rabuka has tabled the Constitution Amendment Bill for the first reading in Parliament.
The Bill seeks to change the requirement for the 75 percent of the Members of Parliament needed to amend the Constitution and to also entirely remove the requirement of a referendum and support of 75 percent of the registered voters under Section 160.
It also seeks to amend Section 159(c) relating to repealing, infringing or diminishing the effect of Chapter 11 of the Constitution which is about amendments to the Constitution.
A debate on the Bill will be held on another date, as provided for by the Constitution.
A motion was brought by Leader of Government in Parliament Ro Filipe Tuisawau under Parliamentary Standing Order 6 to suspend Parliamentary Standing Order 92 to allow the Government to table its first Bill on the proposed amendment to the Constitution.
Standing Order 92 relates to the tabling of a Bill that the Constitution does not allow Parliament to address as it is out of order, and may not be introduced.
Ro Filipe says it is time for the Government of the day and also the Opposition to work together to really look into the issues regarding the Constitution and also matters which may be contradictory or which, if you look at it in depth, is a threat and also is undemocratic.
He says the cycle of coups, not just in Fiji but elsewhere as well needs to be completed where a military coup imposes a legal constitutional order, and then a review is done which then goes back to the people, who will then formulate a Constitution which is for the people, by the people, which was the 1997 Constitution.
While raising a point of order, Opposition MP Faiyaz Koya says this is a breach of the Standing Orders and of the Constitution as Section 159(1) (c), forbids the repealing, infringement, or diminishing the effect of Chapter 11.
Koya say Chapter 11 of the Constitution cannot be amended but there are provisions in it which allow it to be amended and a Bill of this nature cannot be brought to Parliament.
Speaker Filimoni Jitoko did not agree to his point of order and allowed the debate on the motion to begin.
While speaking in support of the motion, Attorney General Graham Leung says the relevant Standing Order offends both the letter and spirit of the Constitution, as well as the fundamental values of democracy and freedom.
He says if read and interpreted literally, they would have the practical consequence of preventing any discussion whatsoever, at all, on any amendment of the Constitution, especially Chapter 11.
Leung says Section 159 of the Constitution and the corresponding Standing Orders strangle debate on amendments of the Constitution.
While also speaking in support of the motion, Government MP Lynda Tabuya says it is undemocratic to not allow the change of any provision in this Constitution.
She says as long as you do not touch on the fundamental basis of our democracy, of fundamental rights, separation of powers, there are certain key provisions that can be made unamendable but we should be able to change our Constitution.
Tabuya says it is a living, breathing document that belongs to the people and if our people call for that constitutional change, let's consult them.
While speaking in support of the motion, Deputy Prime Minister Manoa Kamikamica says they are not breaching or allegedly breaching the Constitution but are discussing changes to the Constitution.
He says there will be ample opportunity to debate the legality of the Constitution in the future.
Kamikamica adds they all agree that this Constitution was imposed on us by two individuals and they really need to change it.
Deputy Prime Minister and Minister for Finance Professor Biman Prasad says he could talk for about an hour on the flaws of the 2013 Constitution, but the Constitution making itself was a breach of the law at that time by the interim government.
Professor Prasad says questions can also be raised in terms of the legality of the making of that 2013 Constitution.
He says he had listened to the AG, and what he got from him was that a suspension motion itself is not a breach of Section 159 of the Constitution, but it allows a motion or Bill by the Prime Minister to amend provisions of Chapter 11.
Professor Prasad says Parliament will have the opportunity to look at the votes whether they get a 75 percent majority or not, so the suspension motion itself is not a breach of section 159 of the Constitution.
While supporting the motion, Minister for Lands and former lawyer Filimoni Vosarogo says the suspension motion they are asking the house to agree to is to allow them to set the cause and transition to allow the voices of the people to be produced in the book they could call their Constitution.
He says members of this Parliament are going to accept that this Constitution does not reflect the will of the people.
While supporting the motion, Minister for Environment and Climate Change Mosese Bulitavu says they are all legislators and they should take this to the people.
While speaking against the motion, Koya says they all swore an oath on the Constitution not to breach it but they will be breaching it by actually allowing the motion to go ahead.
He reiterates that the Constitution itself prohibits the amendment to Chapter 11 and in its simplest forms, is the process by which amendments can happen and it also has the immunity provisions but that is not being spoken about.
Koya says this matter could have been dealt with in the spirit of bipartisanship.
The MP adds that the acceptance of the Constitution is evident, with the 2014 election serving as a testament to it, as it brought them into this house.
Opposition MP Jone Usamate says one of the things that this country has lost has been adherence to law and order.
He says they, in Opposition with the Leader of the Opposition, are committed to working in bipartisanship with the Government but they must do it in a spirit that upholds the law.
Usamate says there are some things in the Constitution he does not like but it must be done with the law being held supreme.
Leader of the Opposition, Inia Seruiratu says it really worried him when the Attorney General yesterday said that an imposed constitution lacks legitimacy but he says they all swore an oath on this Constitution.
He says there are weaknesses but he finds it irresponsible for the Attorney General to have made that statement because they will still have to go through the process to deliberate on the pros and cons of the certain process of the Constitution.
Seruiratu says in the spirit of the President's address, they want to work together, but working together does not mean following blindly.
While responding to comments about the Constitution not reflecting the will of the people, the Leader of the Opposition says he tends to differ, as there are people who feel safe under this Constitution.
He adds that whatever amendments they make should ensure that the interests of all Fijians are taken care of.
Opposition MP Premila Kumar questioned the government if they go through this process, what is stopping a new government from coming in and changing the Constitution the way they like it.
She says they have to tread carefully, claiming that Fiji is not a democracy like other countries, which was highlighted by the Attorney General, who can change their Constitution.
41 MPs supported the motion, 13 were against it while 1 did not vote.
This means some of the Group of 16 independents led by Opposition Leader, Inia Seruiratu supported the tabling of the Bill.
There are indications that 4 MPs from the Group of 17 independents in the Opposition may support the coalition government's Bill to Amend the Constitution.
Prime Minister, Sitiveni Rabuka has the support of People’s Alliance/National Federation Party and SODELPA coalition and the Group of 9 independents who will vote for the Bill.
He needs another 4 MPs to take the total support to the required 75 percent of parliament agreeing to the Bill to change how amendments can be made to the Constitution. When approached by fijivillage News on 4 MPs supporting the Bill, Leader of the Opposition, Inia Seruiratu says he cannot comment on how they will vote because they are not aware of the content of the motion itself.
He says it may be a possibility concerning the 4 who may be planning to vote for the Bill, but he really cannot confirm because the MPs are free to make their own choices given their status as being independent members.
Seruiratu adds that the first thing we need to ensure is that all steps taken to amend the Constitution must be according to the law itself as laid out in the Constitution itself and the provisions of the Standing Orders of parliament.
When questioned by fijivillage News, independent MP, Alvick Maharaj says the government needs to start working on bipartisanship.
He says just bringing the Bill to amend the Constitution without any consultation with the opposition and still trying to get support from opposition is quite ironic.
Maharaj says they are talking about amending the supreme law of Fiji, and yet we are not even aware of what they want to change.
He says it's just rumours that 4 MPs will support the Bill as during their caucus, no member has shown any interest in supporting the amendment to the Bill.
Maharaj says it will be a very cowardly act if any of the opposition members goes ahead and votes in favour of the Bill.
He adds that he understands some members may have personal reservations as they are upholding the Constitution that was done under the leadership of former Prime Minister, Voreqe Bainimarama who no longer recognises these members.
Maharaj says for members, they are putting their differences aside and will continue to uphold the supreme law of Fiji to ensure equality for every Fijian.
Cabinet has approved measures to initiate the review of the 2013 Constitution, and a Bill to amend relevant provisions of Chapter 11 of the Constitution will be tabled in parliament today.
Chapter 11 of the Constitution states that any amendments to the Constitution shall have the support of 75 percent of the Members of Parliament and 75 percent of the registered voters in a referendum.
Cabinet says a Constitution Review Commission is also expected to be appointed to engage the people of Fiji in a consultative process regarding the 2013 Constitution.
Prime Minister, Sitiveni Rabuka says the 2013 Constitution has been subject to wide criticism since its imposition. He says the criticisms relate both to the manner and process leading to its adoption, as well as aspects of its substantive content.
Rabuka says Constitutional review or changes featured prominently in most political parties' campaigns during the 2022 general elections.
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