Constitutional Bill loophole raises fear of constitutional crisis

Concerns have been raised over a provision in the proposed Constitution Amendment Bill that could trigger a constitutional crisis if the new Constitution comes into force during a critical period in December.

Executive Director Dialogue Fiji Nilesh Lal outlined several scenarios, warning that commencing the Constitution between December 24 and 31, 2026, could see Parliament’s term expire while Cabinet remains in office.

He argues this could create a situation where the country is left without a functioning Parliament, while the existing Cabinet continues to govern and elections cannot be held immediately due to the need to establish electoral boundaries.

Lal says the Bill contains a provision allowing the President to bring the new Constitution into force before March 2028.

He maintains that Section 58 of the current Constitution remains in effect, setting December 24, 2026, as the definitive end of the current Parliament’s term.

Lal says , if the new Constitution is brought into force during the period between December 24 and 31, the consequences could undermine democratic accountability.

“It is going to amount to an out-of-government or a coup, essentially a self-coup, right? (6:52) And we have, of course, come back to democracy.”

Lal says Fiji has held three successful elections since then and experienced its first peaceful transfer of power, achievements he believes must not be put at risk.

He is calling for the potential implications of the commencement provision to be carefully considered to ensure the constitutional transition does not undermine democratic governance.