16/10/2026
THE Case of the Switched Constitutions
The National Council of the Fiji Labour Party meets in Nadi tomorrow to deliberate on the serious constitutional and political crisis facing the country amid fears that Prime Minister Rabuka is manipulating an extension to his term in office without going to the polls.
A close reading of Chapter 16 of Bill 32 (Amendments to the Constitution) that is being rammed through Parliament without proper scrutiny, reveals provisions that could allow Rabuka to abort a general election, and remain in power :
Clauses 211(2)(3), 219 (3)(a), 221.
The Prime Minister must explain to the nation why these clauses were inserted, if not to extend his term in office. Such clauses have never been part of any of Fiji’s four previous Constitutions.
These clauses were certainly not in the transitional provisions of the draft CRC constitution that was later ditched by Rabuka.
PM Rabuka has not been honest with the nation. The (draft) constitution proposed in Bill 32 is NOT the draft produced by the CRC. It is not the draft that was tabled in Parliament on 22 September 2026. Yet it is being paraded as basically the CRC draft with some changes made by Cabinet.
Neither Rabuka nor his Cabinet had the mandate to write a constitution.
In fact, he hijacked the CRC draft constitution and presented Parliament with a substantially different document as Bill No.32 of 2026.
This contrived document was handed out to the MPs very late on Wednesday, 30 September as the Cabinet amended CRC document.
Indeed, the entire constitution review process engineered by the Prime Minister is unconstitutional - from the time he advised the President to appoint a constitution review commission without first seeking parliamentary mandate to his now rushing Bill 32 through Parliament, and imposing a National Referendum on the people ahead of the last Writ of Elections date of 24 December 2026, without lawful authority.
His rushed timetable is part of the ‘subterfuge’ to avert an election and remain in office at a time when the nation is clamouring to go to the Polls.
They have had enough of the misrule, mismanagement and profligacy of the Rabuka Coalition in the past four years. They have had enough of the hardship imposed by the anti-social policies of his government.
The people must not allow Sitiveni Rabuka to impose on them yet another controversial, undemocratic constitution written by unknown authors, as was done in 1990 and 2013.
Labour calls on the nation to reject this highly controversial Bill 32 when it comes up for its 3rd Reading in November.
Labour calls on the nation to oppose and reject the Prime Minister’s rushed timeline to hold a National Referendum on December 9 under the current Referendum Act which is critically flawed. It is undemocratic and draconian in that it criminalises public discussion of matters relating to the subject of the Referendum.
Labour demands that general elections be held as constitutionally mandated. Any changes that need to be made to the 2013 Constitution must be the responsibility of the next elected government.