Commission says 2013 Constitution cannot be abolished outright

Calls to discard Fiji’s 2013 Constitution intensified during a consultation in Naselesele Village, Wainikeli, Taveuni today.

Discussions repeatedly returned to a key legal issue, the Constitution contains no provision allowing for its outright removal.

The issue was raised by villager Petero Waisea during a session with the Constitution Review Commission (CRC), where he questioned why the 2013 constitutional framework could not simply be set aside if public support existed for change.

The question drew a direct response from CRC chairperson Sevuloni Valenitabua, who said the legal structure of the Constitution itself prevented such action.

Mr Valenitabua explained that the 2013 Constitution contains no clause permitting its abolition or complete repeal.

Instead, he said the document only provides mechanisms for amendment, meaning any changes must occur within the existing constitutional framework.

In legal terms, Mr Valenitabua said the absence of a “self-termination” or repeal clause meant the Constitution could not be discarded through ordinary political demand or administrative decision.

He said any attempt to do so would fall outside constitutional legality and enter the realm of extra-legal action.

Mr Valenitabua also referred to judicial interpretations affirming that constitutional changes in Fiji must follow prescribed amendment procedures, while the courts remained the final interpreters of the Constitution.

He reiterated that the 1997 Constitution no longer held legal standing and could not be reinstated through political preference.

The commission’s position framed the current debate as not only a matter of political will, but also one of legal structure — a constitution that may be amended, but not abolished from within its own text.