Sayed-Khaiyum questions legality of December 9 referendum date

Former Attorney-General Aiyaz Sayed-Khaiyum claims Prime Minister has usurped the powers of the Speaker of Parliament and the President by not following the constitutional process in announcing December 9, 2026, as the date for the proposed national referendum.

Mr Sayed-Khaiyum yesterday said Parliament had yet to complete its consideration of the Constitution Amendment Bill and questioned how a referendum date could be announced before the Bill had passed all required stages.

“The Prime Minister has not only usurped the powers of the Honourable Speaker and His Excellency the President, by not following the very clear and very easy to comprehend constitutional process,” Mr Sayed-Khaiyum said.

Mr Sayed-Khaiyum said the Bill must complete its parliamentary process before the Speaker notifies the President, who would then refer it to the Electoral Commission to conduct the referendum.

He also questioned the Prime Minister’s reported request to the Electoral Commission to prioritise referendum preparations while suspending the mandated campaigning period for the General Election.

Mr Sayed-Khaiyum said the Electoral Commission was independent and should conduct the referendum according to the Constitution and relevant laws.

“No written law or personal requests or directives can quash or override the provisions in the Constitution such as the freedom to make political choices.”

He said voters must also have access to proper voter education and sufficient information to make an informed decision on any proposed constitutional changes.

He questioned whether the Speaker and President would intervene to ensure the constitutional process was followed and whether the Electoral Commission would assert its independence.

He also raised the possibility of a legal challenge by political parties, civil society groups or voters.

“It is not too late to stop this uncertainty and instability; everyone simply needs to go back and follow the constitutional process,” he said.

Mr Sayed-Khaiyum warned that continued uncertainty could affect the economy, citizen and business confidence and Fiji’s reputation.