Any Change Planned by New Coalition Government Hopefully will Take Us Forward not Move the Country Backwards

We have heard that changes are coming. Some may be simpler to implement than others depending on the legal requirements. Some fall under the Bill of Rights in our 2013 Constitution and if they are to be carried out, they would require an amendment to the Constitution.

One of the issues that we heard the members of the coalition talk about during the election campaign was the right of workers to protest and the suppression of this right because of a law enacted in Parliament.

This right is subject to limitation by a written law. That law requires the organisers of the protest to obtain a permit before a street protest can take place.

If the permit is rejected, the protest cannot happen. The coalition wants the provision of obtaining a permit removed. If it happens workers can take to the streets without any restriction.

The provision was put there by the legal drafters to avoid chaos and civil unrest and that any protest should be orderly and peaceful. To repeal it could have an opposite impact

Another issue that would require a constitutional amendment is Section 93 and sub-sections 3 & 7.

It talks about the dissolution of Parliament. Once that takes place, the Prime Minister and ministers are relieved of their responsibilities.

But then in another sub-section, it says they will continue until a new Prime Minister is elected. It contradicts the earlier provision.

The Constitution can be amended. But any amendment must follow the requirements

According to the Parliament secretariat, under this process, Parliament must pass a Bill to amend the Constitution.

The Bill must be supported by the votes of at least three-quarters of the members of Parliament.

During Parliament’s consideration of the Bill through its three stages, there must be a period of 30 days between the second and third readings of the Bill.

In addition, the relevant committee of Parliament must report to Parliament on the Bill before the third reading stage.

Once the Bill is passed by Parliament it is sent to the President who shall refer the Bill to the Electoral Commission.

The Electoral Commission then conducts a referendum on the Bill. The referendum is for all registered voters of Fiji to vote on the Bill.

If three-quarters of all registered voters vote in favour of the Bill then the President must assent to the Bill amending the Constitution.

With the current composition of Parliament, it would be practically impossible to achieve the 75 per cent support of MPs.

This equates to 42 of the 55 MPs. The coalition’s 29 is far short of the minimum requirement.

Unless, there is another way via Parliament through the enactment of a new law that supercedes the Constitution, it would be impossible to bring those changes that the coalition had been talking about.

At any rate, let’s hope that any change will take us forward not backward.

nemani.delaibatiki@fijisun.com.fj