Fiji’s Parliament unanimously voted last Thursday to refer the National Referendum Bill 2025 (Bill No. 46 of 2025) to a standing committee for review, marking a crucial step toward establishing the country’s first legal framework for conducting national referenda.
The motion, which mandates a report back next year, concluded the 2025 parliamentary calendar, with the House now adjourned until February 2026.
The Bill was tabled by the Minister for Justice and Acting Attorney-General, Siromi Turaga, who described the legislation as critical for strengthening Fiji’s democracy by ensuring that the people are heard. Turaga highlighted that it would govern the conduct, administration, and oversight of referenda.
Until last Thursday’s development, no such law existed in Fiji to give legal effect to constitutional amendments as required under the 2013 Constitution. This legal necessity was amplified by a landmark Supreme Court opinion issued in August 2025, which confirmed that voter approval through a referendum is essential for any constitutional amendment to be legally effective. The Court further ruled that the referendum must be approved by a majority of registered voters who cast a vote (down from three-quarters of all registered voters).
Following the ruling, the Electoral Commission confirmed that without a specific Referendum Act, any constitutional amendment process would be considered “incomplete” and “academic.”
Scope of the New Law
The National Referendum Bill 2025 sets out comprehensive rules for holding a national vote. Referenda may be held either when the Constitution specifically requires it (under Section 160) or when Parliament passes a resolution declaring an issue of “sufficient national importance” for submission to voters.
The Electoral Commission is tasked with conducting the referendum, and the Supervisor of Elections must adopt existing electoral and voting procedures, including the use of current polling venues under the Electoral Act 2014.
Key provisions include:
• Voter Eligibility: All persons registered in the National Register of Voters are entitled to vote, with the register serving as conclusive evidence.
• Logistics: The day fixed for the referendum must be a public holiday, and employers must allow employees reasonable time to vote without penalty.
• Fairness: Directions for voters must be prominently displayed at polling stations in English, iTaukei, and Hindi.
Restrictions and Offence Provisions
The bill also introduces offence provisions. Penalties—ranging up to $1000 in fines or one year of imprisonment—apply to offences such as impersonation, bribery, and undue influence.
It also sets strict rules for campaigning and public order:
• Campaign Restrictions: Only the Supervisor of Elections may produce or display badges, symbols, flags, banners, or posters related to the referendum.
• Canvassing Prohibition: It is an offence to persuade or dissuade someone from voting, including visiting voters at home or work.
• Polling Station Order: Unlawful assembly of five or more people intending to intimidate is prohibited, and loitering within 200 meters of a polling station on voting day is banned.
Opposition Support and Next Steps
The referral of the Bill to the parliamentary committee was agreed upon unanimously.
Opposition MP Jone Usamate noted that the Bill is not a reaction to the Supreme Court decision but “to bring to fruition the requirements of the Constitution.” He confirmed the opposition supported the referral.
The Bill has been sent to the Standing Committee on Justice, Law, and Human Rights, which must report back at the next sitting of Parliament.
Thursday’s sitting also marked the conclusion of Parliament’s 2025 session. Parliament will reopen on Monday, 16 February 2026, at 10am, by the President, Ratu Naiqama Lalabalavu, ahead of the first sitting scheduled for Monday, 9 March 2026.
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