PM Rabuka rejects referendum breach claims
He says the October 5 announcement covered key referendum dates, not the start of the campaign period.
Thursday 08 October 2026 | 06:00
Prime Minister Sitiveni Rabuka rejected claims that he breached constitutional and electoral requirements by announcing December 9, 2026, as the date for Fiji’s national referendum.
Mr Rabuka said his announcement on Monday, October 5, covered only the date for the issuance of the writ for the referendum, the polling date and the date by which the results must be returned.
He said he did not announce the commencement of the referendum campaign period.
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The clarification comes after his coalition partners, the Social Democratic Liberal Party (SODELPA) and National Federation Party (NFP), along with Opposition Leader Inia Seruiratu and former attorney-general Aiyaz Sayed-Khaiyum, questioned the legal validity of the Prime Minister’s announcement.
SODELPA leader Aseri Radrodro and Opposition Leader Seruiratu accused the Government of pre-empting parliamentary processes by announcing a referendum date before Parliament has completed its consideration of the Constitution Amendment Bill.
Mr Seruiratu said the announcement was “putting the cart before the horse”, arguing that the Bill had only passed its second reading and was now before a Special Select Committee for further scrutiny, public awareness and submissions.
Mr Radrodro said the Executive should respect constitutional boundaries and statutory requirements, warning that the referendum was a constitutional process that could not be determined by executive convenience.
The Prime Minister, however, said the Government had communicated its intentions to the Standing Committee on Justice, Law and Human Rights, the Fijian Elections Office, the Electoral Commission and the Office of the Solicitor-General.
“Because this is Fiji’s first referendum, we are navigating uncharted waters; however, we are strictly operating within the provisions of our electoral and referendum legislation,” he said.
Asked whether he had been ill-advised on the legal and constitutional requirements surrounding the announcement, Mr Rabuka said: “No, I have not been ill-advised. We are very clear on the legal processes and the necessary steps we must take.”
He also rejected concerns that the announcement could expose divisions within the Coalition Government.
“The Coalition Government remains completely intact.”
He said the appointed select committee would receive all submissions before the Government deliberated on them.
“In a healthy democracy, there is room to agree to disagree, but we will ultimately move forward with the business of implementing the necessary changes for our people, strictly within the confines of the law.”
Assurance to Fijians
Mr Rabuka also assured Fijians that the referendum process would be conducted in accordance with the Constitution and electoral laws.
“I assure all Fijians that the Government has always abided by the Constitution and the rule of law, and will continue to do so.”
He said the Government could make recommendations to the Electoral Commission, but the final decision rested with the Commission and its independence would be respected.
Postal voting
He said there was also a practical reason for announcing the proposed referendum date early — to give voters sufficient time to access postal voting.
Mr Rabuka pointed to Section 68 of the Electoral Act, which provides that postal voting applications open upon the announcement of the election date.
He said Section 6(1) of the National Referendum Act 2026 allows the postal voting provisions of the Electoral Act to apply to referendums.
“Therefore, announcing the date now ensures that voters have ample time to decide which electoral process they will use,” he said.
Mr Rabuka said voters who knew they would not be near their polling station on voting day, or had another lawful reason for absence, could use the early announcement to apply and register as postal voters.
