The Supreme Court of Fiji is poised to hear a pivotal Constitutional Reference case in August, following a formal application by the government. This application seeks to clarify the interpretation and application of sections 159 and 160 of Fiji’s 2013 Constitution, which govern the amendment processes for the Constitution.
The case was recently scheduled for a directions hearing, echoing the Cabinet’s endorsement to refer vital constitutional questions to the Supreme Court as outlined in section 91(5) of the Constitution. Chief Justice Salesi Temo confirmed the nature of this legal action, emphasizing that the issues are of significant public interest.
In yesterday’s proceedings, Justice Temo indicated that the court’s focus will include members from various political factions within Parliament, along with the Fiji Human Rights and Anti-Discrimination Commission (FHRC) and the Fiji Law Society (FLS), totaling ten invited interveners in the case. The court aims to restrict participation to those directly representing the people, underscoring the importance of this issue to the national discourse.
The case will also delve into broader implications, raising questions about whether the 1997 Constitution was validly abrogated and whether the 2013 Constitution is null and void. Chief Justice Temo noted that, while the initial framing concerns sections 159 and 160, the discussions may expand into “legally interesting and more complicated” territories.
In view of the ongoing discussions surrounding constitutional reform, Prime Minister Sitiveni Rabuka has previously highlighted the need to amend the Constitution to reflect the will of the people more effectively. The current supermajority requirement for amendments presents significant barriers to legislative changes, stifling necessary reforms.
This legal engagement indicates a proactive effort by the Fijian government to seek clarity and foster a governance structure that is more representative of its citizens. The Cabinet’s decision to involve expert legal counsel from Australia also suggests a commitment to navigating this complex political landscape thoughtfully.
The steps taken in this constitutional inquiry represent a hopeful advancement toward making governance more inclusive and adaptable, aligning with contemporary societal needs and the aspirations of all Fijians. As legal proceedings unfold, the emphasis on public participation in the constitutional amendment process holds promise for a strengthened democratic framework in Fiji.
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