Opposition questions three-quarter vote requirement for Constitution Bill

A four-vote difference could become a key issue in Fiji’s Constitution amendment process.

Standing Order 93 requires “no less than three-quarters” of all members at the second and third readings of a constitutional amendment Bill.

That is 40 votes out of 53 MPs.

Opposition leader Inia Seruiratu has written to the Speaker over Standing Order 93, which requires three-quarters of all MPs to pass a Bill amending the Constitution, despite the Supreme Court ruling that two-thirds is sufficient.

“We have used the channels available to clarify those and that has been done,” Mr Seruiratu said yesterday.

Standing Order 93, adopted on May 23, 2024, requires “no less than three-quarters” of all members to vote in favour of a Bill at its second and third readings.

Three-quarters of 53 sitting MPs is 40 votes, while two-thirds is 36, a difference of four votes. The rule determines how many MPs are needed to amend Fiji’s supreme law.

Mr Seruiratu said the Opposition had also raised the matter with the Government.

“What happened last time was the suspension of the Standing Orders so that they can proceed with the motion. And maybe that’s something that Government will again consider,” he said.

Standing Order 6 allows a rule to be suspended, but states that this does not permit any business “in breach of the Constitution or any other law”.

NFP leader Biman Prasad sits on the Parliament Business Committee. Asked yesterday whether the Standing Orders would change, he said:

“I have to look at what’s there, I don’t want to say something which is not going to be full representation,” he said.

Mr Seruiratu said the Opposition would remain firm on the rule of law.

“We stand on the rule of law and ensure that whatever we do is consistent with the Constitution and the other regulations that bind the work that we do,” he said.

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