Constitutionally, the appointment of the three members of the Constituency Boundaries Commission is in limbo.

This is the view of one of the architects of the 1997 Constitution and academic, Professor Brij Lal, who says that there are clear provisions in the Constitution for the appointment of the Commission. The Chairperson of the Commission is appointed by the President, acting in his judgment following consultation with the Prime Minister and Leader of the Opposition.

Lal adds that its two other members, are a nominee each, of the Prime Minister and the Leader of Opposition, he says the Constitution still exists but the parliament is suspended and thus, questions of mandate and legitimacy arises.

According to Lal, Fiji seems to be muddling through on this issue.

The Constituency Boundaries Commission, which consists of Ulamila Fa Tuituku as its chair with the two appointees, Fr Kevin Bar and Albert Queet, was appointed by the President Ratu Josefa Iloilo on the 15th of this month.

The Commission's main task is to undertake a review of the electoral boundaries in preparation for the general elections, which is now to be held in March, 2009.