The Attorney-General’s office is required to respond by next Tuesday to inquiries from the lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi in a case focused on judicial review. The proceedings took place on Friday before Justice Anare Tuilevuka in the High Court in Suva.
Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi defended the state. This case revolves around a judicial review application related to a High Court ruling concerning six individuals who were issued red notices last year.
During Friday’s court session, the discussion centered on the number of questions that Home Affairs and Immigration Minister, Pio Tikoduadua, must address. The plaintiffs had previously obtained permission to pursue interrogatories after being denied the chance to cross-examine Mr. Tikoduadua.
Ms. Solimailagi conveyed to the court that the state had received 23 questions; however, some of these could not be answered since Mr. Tikoduadua was not the suitable authority for certain inquiries, while others were classified as privileged.
Mr. Sharma indicated a willingness to engage in discussions to resolve the issues before the next month’s hearing, emphasizing that answering the questions would clarify the basis for the judicial review.
The relevance of the ouster clause in this case has yet to be determined, as a ruling from the Supreme Court is still pending. Ms. Solimailagi argued for the applicability of the ouster clause, while Mr. Sharma referred to Section 16 (1) (c) of the 2013 Constitution, which supports judicial review of any executive or administrative actions.
Justice Tuilevuka postponed the matter, expressing anticipation for the state’s responses. The case will be continued in Lautoka.