Lawyer warns referendum bill timeline is tight ahead of 2026 election

A prominent lawyer has warned Parliament there is little time to pass referendum legislation if the Government intends to amend the Constitution before the 2026 General Election.

Tangaroa Vakalalabure, speaking on behalf of Queen Victoria School (QVS) all scholars class of 1991, told the Standing Committee on Justice, Law and Human Rights that the election period begins in June 2026 and runs until February 2027.

"Now there's not a lot of time to do anything really if the objective of the bill is to amend the constitution," Mr Vakalalabure said during submissions on Tuesday.

His warning comes as the Coalition Government moves to amend the 2013 Constitution, with municipal elections also scheduled for September 2026.

Mr Vakalalabure recommended Parliament adopt a streamlined approach, relying on the Electoral Act 2014 as the primary framework for conducting referendums.

"The cleanest and safer solution is to adopt the Electoral Act in full as the machinery law for referenda and confine the bill to what is strictly referendum specific," he said.

He said the Electoral Act has successfully governed three elections and already contains provisions for offences, campaigning, polling day conduct and dispute resolution.

Mr Vakalalabure warned that Part 4 of the National Referendum Bill creates problematic duplications and untested prohibitions that could face legal challenges.

"Section 27 is directly hitting the right of association under the Constitution," he said, noting that any legislation inconsistent with the Constitution would be challenged.

He also raised practical concerns about enforcement, questioning where arrested individuals would be detained given overcrowded police cells.

"Imagine 40, 50 people that have been removed under this bill from one polling station. Where are they going to be packed at?" he said.

The QVS class of 91 does not oppose the bill but supports a leaner approach to ensure smoother passage through Parliament.

Feedback: kaneta.naimatau@fijisun.com.fj