Interveners in the significant 2013 Constitution reference case are preparing to submit their arguments before the hearings scheduled for August 18. During a recent session, Chief Justice Salesi Temo and a panel of judges received confirmations from several interveners that they have filed their written submissions.
Among the nine interveners, the Unity Party and the National Federation Party have requested to file their arguments by August 12. Naomi Raikaci, representing the Unity Party, has asked the court to reconsider question 5(e), which pertains to the validity of the 1997 Constitution. She contends that a revised phrasing would better align with the court’s jurisdiction and affirm that the 1997 Constitution was legally abrogated, thus undermining the legitimacy of the 2013 Constitution. However, Justice Temo declined this request due to time constraints, underscoring the urgency of the case.
During the proceedings, Arthur Moses, representing the Fiji Law Society, requested the formation of a court book, encompassing all critical legal documents for the case. State representative Ropate Green confirmed that this book would be prepared, with essential references compiled in a separate list for accessibility.
Chief Justice Temo expressed enthusiasm for the upcoming hearing, announcing that each intervener will be afforded 40 minutes to present their arguments, while the State will have one hour at the end of the proceedings. The Supreme Court is taking a proactive and structured approach to these hearings, which reflect ongoing discussions about constitutional reform in Fiji.
The current legal context resonates with earlier debates surrounding the potential amendability of constitutional sections. Previous articles have highlighted the significance of the case not just nationally but also internationally, demonstrating a collective push for a governance structure that is more inclusive and representative of the Fijian populace.
As hearings approach, the legal community and the public remain hopeful that these discussions may lead to meaningful reforms within Fiji’s constitutional framework, fostering greater trust and participation in the democratic process. This commitment to transparency and engagement holds promise for a more responsive governance system in Fiji, aligning closely with the aspirations of its citizens.
Leave a comment