The Attorney-General’s office has been given until next Tuesday to address inquiries from lawyers for plaintiffs Sung Jin Lee and Nam Suk Choi in a case that involves a judicial review.
This civil case was presided over by Justice Anare Tuilevuka in the High Court in Suva on Friday. Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi acted on behalf of the state.
The case originates from a judicial review application concerning a High Court decision that involved six individuals who had received red notices last year. During Friday’s proceedings, the focus was on updates regarding questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had previously been granted permission to file interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi informed the court that the State had received 23 questions, but some could not be answered because Mr. Tikoduadua was not considered the appropriate authority for certain inquiries, while others were deemed privileged.
Mr. Sharma indicated a willingness to discuss and resolve these questions before the next hearing, emphasizing that doing so would help clarify the basis for the judicial review. The relevance of the ouster clause in this case has not yet been determined, as the Supreme Court has not made a decision on it. Ms. Solimailagi argued in favor of applying the ouster clause, while Mr. Sharma cited Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka adjourned the proceedings, expressing anticipation for the state’s responses. The case is set to continue in Lautoka.