Is There An Alternative Approach To Enabling Amendments To The Constitution Other Than Through A Government Of National Unity?

As head of the People’s Coalition Government, Prime Minister Sitiveni Rabuka has publicly expressed interest in the possible formation of a GNU to facilitate and enable necessary amendments to the 2013 Constitution.

It is also to promote national unity.

The People’s Coalition Government comprises three political parties; The Peoples’ Alliance, the National Federation Party and SODELPA, and their combined 29 MPs are serving either as ministers or as assistant ministers.

Since the general elections in December 2022, the FijiFirst (FFP), with its 26 MPs, has been serving as the parliamentary Opposition.

However, it is currently confronted with an existential crisis. Its two founding leaders, Voreqe Bauinimarama and Aiyaz Sayed-Khaiyum, have resigned from Parliament.

And the party itself is now facing imminent deregistration.

PM’s Interest

It is this situation in the FFP which has kindled PM Rabuka’s interest in drawing in those FFP MPs who have committed themselves to continue serving in Parliament as independents, to join in a GNU or a grand coalition of all parties and independents in Parliament.

With this GNU, it will then be possible to proceed with agreed amendments to the 2013 Constitution as a priority agenda.

Under the 2013 Constitution, this entails a two-steps process.

Firstly, an affirmative vote by at least 75 per cent of the total membership of Parliament. And secondly, support for the amendments by at least 75 per cent of valid votes cast by registered voters, voting in a public referendum or plebiscite on amending the 2013 Constitution.

Problem with GNU Approach

There are two inherent problems with amending the 2013 Constitution through a GNU approach.

Firstly, the 29 MPs in the People’s Coalition Government all of whom are serving as ministers or assistant ministers are most unlikely to easily give up their ministerial appointments in order to enable the Prime Minister to bring in former FFP Members of Parliament into his Cabinet.

And secondly, if all the former FFP MPs who choose to continue serving in Parliament, agreed to ‘cross over’ to join the Peoples Coalition Government in a GNU or grand coalition Government, there would no longer be any parliamentary Opposition.

This should be of concern to everyone in Fiji.

In a parliamentary system of government, the Opposition plays a vitally important role in keeping the elected Government fully accountable for all its actions and policies.

This is its parliamentary duty and responsibility to the people of Fiji.

So, whilst a GNU has its advantages in enabling needed amendments to the 2013 Constitution, the absence of a parliamentary Opposition will effectively undermine the national interest in ensuring that Government carries out its democratic mandate to govern the country, with diligence, frugality, honesty and integrity.

An Alternative Approach

When following the General Election in 1992, Mr Rabuka was appointed Prime Minister as the leader of his victorious SVT Party, and Hon Jai Ram Ready, the head of the National Federation Party, was appointed Leader of the parliamentary Opposition, they came together in a political partnership in Parliament to assume joint leadership in the review of the 1990 Constitution.

They agreed to establish in Parliament a joint select committee on the review of the Constitution.

With agreement in this committee, an independent three-member commission was then appointed to undertake this comprehensive review and to carry out consultations with the people of Fiji in all parts of the country.

It was on the basis of the report and recommendations of this independent commission that the joint select committee then drafted a new Constitution and placed it before Parliament.

It was unanimously approved and then promulgated as Fiji’s new Constitution.

This was how the 1987 Constitution came into being. It was the outcome of outstanding political co-operation between the Government and Opposition in Parliament.

I believe that following this approach would be a better option in undertaking a review of the 2013 Constitution than by way of a GNU.

All that this requires is agreement by Mr Rabuka, and Leader of the Opposition, Inia Seruiratu, for the establishment in Parliament of a joint select committee to co-ordinate the review of the 2013 Constitution.

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