Fiji’s Supreme Court has begun proceedings in a key constitutional case that will also examine whether the 1997 Constitution, abrogated more than 10 years ago, remains legally valid.
The case, brought by the Coalition Government under Section 91(5) of the 2013 Constitution, was promoted by uncertainty over the constitutional amendment process. While the four focus on the amendment provisions of the current constitution, the fifth and final question before the Court is whether the 1997 Constitution is still applicable.
A directions hearing was held last Friday to set the timeline and the interveners who will assist the court in responding to the questions.
The Five Constitutional Questions
In a statement, the government confirmed that it has formally referred the following questions to the Supreme Court:
- Are the provisions of Chapter 11 and Part D of Chapter 12 of the Constitution of the Republic of Fiji binding on the people of Fiji, the Parliament of Fiji and the Supreme Court with the effect that none of those provisions can ever be amended, regardless of the will of Parliament or of the people voting in a referendum?
- May the provisions referred to in (1) be amended following the enactment of a Bill in Parliament to do so, in terms thought fit by Parliament?
- Is the approval of any amendment proposed in accordance with (2) effective only if approved by the people of Fiji at a referendum?
- Is any special majority, and if so in what proportion, necessary for an enactment under (2) or approval by referendum under (3)?
- Is the 1997 Constitution still valid and applicable?
Revisiting the 1997 Constitution
The 1997 Constitution was abrogated in 2009, a day after the Court of Appeal ruled that the 2006 coup, led by then-military commander Frank Bainimarama, was unlawful and that the interim government had no legal authority.
Solicitor-General Ropate Green told the court the State was seeking “finality” on the issue. “We need to put those questions to rest,” he said.
Wide Participation
Nine interveners have been invited to make submissions, including major political parties—the People’s Alliance Party (PAP), National Federation Party (NFP), and SODELPA—as well as two opposition groupings. Unity Fiji leader Savenaca Narube and Fiji Labour Party leader Mahendra Chaudhry are also among those invited.
Narube and Chaudhry, both top-10 vote-getters in the 2022 elections, have been vocal critics of the 2013 Constitution and its origins.
The Fiji Law Society and the Human Rights and Anti-Discrimination Commission have also been asked to participate, given their constitutional law expertise.
Context: Failed Amendment Bill
The court reference comes just two months after the government’s proposed amendment to the Constitution failed in Parliament by a single vote. The Constitution Amendment Bill 2025 sought to reduce the threshold for amendments from 75% to 66% and eliminate the requirement for a national referendum.
The failure of the Bill prompted the government to seek the Supreme Court’s opinion.
The case is being treated as a national priority. A six-member Supreme Court bench—including both local and international judges—will hear the matter, with proceedings expected to begin in August.
Chief Justice Salesi Temo said the court is prepared to amend its calendar to ensure the case is resolved without delay.
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