Court allows referendum process to continue

The High Court in Suva has dismissed Opposition MP Ketan Lal’s application for an interim injunction to stop Fiji’s constitutional amendment process from progressing towards a referendum.

In a judgment delivered today, Justice Dane Tuiqereqere ruled that although the case raised a serious constitutional question, the balance of convenience favoured allowing Parliament to continue considering the proposed amendments.

The case concerns the Constitution (Amendment) Bill 2026, which seeks to amend Fiji’s 2013 Constitution ahead of the 2027 General Election.

The Bill is scheduled for its third reading on November 2 and, if passed by a two-thirds majority in Parliament, would proceed to a national referendum on December 9.

Lal argued that Parliament had incorrectly calculated the required two-thirds majority during the Bill’s second reading on October 2.

He contended that the threshold should have been based on all 55 parliamentary seats and that virtual votes should not have been counted.

He sought an order preventing the Speaker of Parliament from initiating the referendum process until the substantive legal issues were resolved.

The court accepted that there was a genuine legal question over whether Parliament had complied with constitutional voting requirements.

However, Justice Tuiqereqere found that halting the process would interfere with Parliament’s constitutional role and could undermine the extensive public consultations undertaken by the Constitution Review Commission.

The judge also rejected the argument that constitutional amendments approved through a referendum would be irreversible if later found to have been enacted unlawfully.

The application for interim injunctive relief was dismissed, with costs reserved until the substantive proceedings are determined.