Fiji 2013 Constitution

CHAPTER 11. AMENDMENT OF CONSTITUTION

159. Amendment of Constitution

1. Subject to subsection (2), this Constitution, or any provision of this Constitution, may be amended in accordance with the procedure prescribed in this Chapter, and may not be amended in any other way.
2. No amendment to this Constitution may ever-
   1. repeal any provision in Chapter 10 of this Constitution or in Part D of Chapter 12 of this Constitution;
   2. infringe or diminish the effect of any provision in Chapter 10 of this Constitution or in Part D of Chapter 12 of this Constitution; or
   3. repeal, infringe or diminish the effect of this Chapter.

160. Procedure for amendment

1. A Bill for the amendment of this Constitution must be expressed as a Bill for an Act to amend this Constitution.
2. A Bill for the amendment of this Constitution must be passed by Parliament in accordance with the following procedure-
   1. the Bill is read 3 times in Parliament;
   2. at the second and third readings, it is supported by the votes of at least three-quarters of the members of Parliament;
   3. an interval of at least 30 days elapses between the second and third readings and each of those readings is preceded by full opportunity for debate; and
   4. the third reading of the Bill in Parliament does not take place until after the relevant committee of Parliament has reported on the Bill to Parliament.
3. If a Bill for the amendment of this Constitution is passed by Parliament in accordance with subsection (2), then the Speaker shall notify the President accordingly, who shall then refer the Bill to the Electoral Commission, for the Electoral Commission to conduct a referendum for all registered voters in Fiji to vote on the Bill.
4. The referendum for the purposes of subsection (3) shall be conducted by the Electoral Commission in such manner as prescribed by written law.
5. The Electoral Commission shall, immediately after the referendum, notify the President of the outcome and shall publish the outcome of the referendum in the media.
6. If the outcome of the referendum is that three-quarters of the total number of the registered voters have voted in favour of the Bill, then the President must assent to the Bill, which shall come into force on the date of the Presidential assent or on such other date as prescribed in the Bill.
7. In this section, the use of the word “amend” or “amendment” is intended to be understood broadly, so that the section applies to any proposal to repeal, replace, revise, or alter any provision of this Constitution.

161. Amendments before 31 December 2013

1. Notwithstanding anything contained in this Chapter, on or before 31 December 2013, the President acting on the advice of Cabinet may, by Decree published in the Gazette, make such amendments to this Constitution, as are necessary to give full effect to the provisions of this Constitution or to rectify any inconsistency or errors in any provision of this Constitution.
2. Cabinet can only advise the President for an amendment to this Constitution under subsection (1) if Cabinet obtains certification of the Supreme Court for the amendment.
3. For the avoidance of doubt, this section shall expire on, and be of no effect after, 31 December 2013.