PM Rabuka rejects Sayed-Khaiyum’s legal flaw claim
Sayed-Khaiyum says conflicting commencement provisions could create uncertainty over when the proposed constitutional changes take effect.
Thursday 22 October 2026 | 07:30
Prime Minister Sitiveni Rabuka (left) and former Attorney-General Aiyaz Sayed-Khaiyum.
Prime Minister Sitiveni Rabuka has rejected claims by former Attorney-General Aiyaz Sayed-Khaiyum that the proposed Constitution Amendment Bill contains a legal flaw.
The PM says the process has complied with the requirements of the Constitution.
“No, Khaiyum is wrong,” Mr Rabuka said when asked about the allegations yesterday.
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Mr Rabuka said the Bill had gone through Parliament and received approval, maintaining that the proposed changes had been handled in accordance with the Constitution.
His response followed Mr Sayed-Khaiyum’s questioning of provisions in the draft Bill that set March 31, 2028, as the date the proposed Constitution would come into force, while also allowing the President to bring it into effect earlier by proclamation.
Speaking in an online interview with social media content creator Semesa Tuicolo, Mr Sayed-Khaiyum argued that the two provisions created uncertainty over when the new Constitution would take effect.
Under Section 2 of the draft Bill, the Act would come into force on March 31, 2028. Section 211(2) also specifies that date for the proposed Constitution’s commencement.
However, Mr Sayed-Khaiyum pointed to another provision that would allow the President to set an earlier commencement date.
“It is legally flawed,” he said.
Mr Rabuka dismissed the criticism, arguing that the constitutional process had been followed and the matter had gone through Parliament.
The dispute centres on whether the provisions are legally consistent or create uncertainty about when the proposed constitutional changes would take effect.
