Constitutional Deadline Sparks Concerns

Opposition raises concerns over the PM’s decision to convene the Constituent Assembly a day before the constitutional deadline.

The Leader of the Opposition has raised urgent concerns regarding the Prime Minister’s alleged decision to convene the Constituent Assembly on December 30, 2024—just one day before the constitutional deadline to review and vote on the Draft Federal Constitution.

Opposition Criticizes Rushed Timing

In a statement, the Opposition leader called the timing problematic, emphasizing that it hinders thorough deliberation on such a critical issue.

“The Constituent Assembly has a significant responsibility to debate, amend and vote on the Draft Federal Constitution,” the Opposition leader stated. “Scheduling this meeting on the eve of the constitutional deadline is deeply concerning. It leaves no room for meaningful discussion.”

The Prime Minister holds the authority to convene the Assembly. However, the Opposition argues this power must be used responsibly. The Leader of the Opposition warned that rushing the process undermines the Assembly’s ability to fulfill its constitutional mandate. It also compromises the democratic process and legislative intent.

Flaws in the 2023 Amendment

The Constitution (Amendment) (Constituent Assembly) Act 2023 governs the establishment of the Assembly. According to the Opposition, the Bill’s rushed passage through Parliament caused several deficiencies, including:

Lack of transitional provisions.
Absence of a quorum requirement.
Failure to conduct a cost analysis for the proposed federal system.

“These flaws were avoidable,” the Opposition leader argued. “A committed government would never have introduced such an ill-prepared Bill. Yet now, the same government appears intent on rushing the process again.”

A Call for Repeal

The Opposition has urged the government to repeal the current Bill. They propose introducing a new constitutional amendment in early 2025 to better empower Parliament. This approach, they argue, would create an effective framework for transitioning to a federal system.

“We must uphold the integrity of our Constitution and democracy,” the Opposition leader concluded. “The future of our nation is too important for reckless handling.”

Formal Letter to the PM

The Opposition formalized their concerns in a letter to the Prime Minister. A full copy of this letter is available for download here.

Letter to PM Download

Key Points

December 2023 Parliament passed the Constitution (Amendment) (Constituent Assembly) Bill 2023. This bill set the framework for creating a Constituent Assembly, which is tasked with debating and voting on a new federal constitution for the Solomon Islands. The Bill established a process, including the formation of the Constituent Assembly and committees to work on the Draft Constitution, with the aim of completing this by 31 December 2024.

Following the passage of the Bill, the Constituent Assembly was meant to start its work, preparing for the meeting to vote on the Draft Constitution by 31 December 2024. The government and relevant stakeholders were expected to carry out necessary preparatory work, such as consulting with experts and ensuring logistical readiness.

As 31 December 2024 approached, the government introduced the Constitution (Amendment) (Constituent Assembly Sitting) Bill 2024. This bill sought to extend the deadline for the Constituent Assembly to meet, changing the deadline from 31 December 2024 to 31 December 2026. It also proposed expanding the Assembly’s membership to 100.

December 2024 The Constitution (Amendment) (Constituent Assembly Sitting) Bill 2024 was debated in Parliament, but it failed to gain the required support. Only 31 MPs voted in favor, but 38 votes were needed to pass the bill. The Bill was defeated because it did not meet the necessary threshold of support.

Implications Since the Constitution (Amendment) (Constituent Assembly Sitting) Bill 2024 did not pass, the Constituent Assembly is still required to meet by 31 December 2024, as originally outlined in the Constitution (Amendment) (Constituent Assembly) Bill 2023. This means the Assembly must convene and vote on the Draft Constitution by that date, without the extension the 2024 Bill sought to provide. The government may need to address delays or preparation issues in order to meet the constitutional deadline.

Here is the Statement by the Opposition Leader

Statement on the constituent assembly meeting.docx Download