The Supreme Court of Fiji has brought together various intervening parties to discuss a significant constitutional reference case that centers around the potential amendability of certain sections of the 2013 Constitution and the legal standing of the previously abrogated 1997 Constitution. During the latest proceedings, held recently, most interveners submitted their legal documents, termed “Bundles of Authorities,” which include past cases and constitutional provisions to support their arguments.
A critical focus of the case is Question Five, which seeks to determine if the 1997 Constitution still has legal validity following its abrogation. Chief Justice Salesi Temo addressed the court’s jurisdiction, referencing Section 91(5) of the 2013 Constitution. This section permits the Cabinet to request the Supreme Court’s opinion on constitutional interpretation, but it specifies that the court must work strictly within the boundaries of the 2013 Constitution. Justice Temo highlighted that Section 173(4) restricts the court from entertaining challenges against any proclamation or declaration made since May 15, 2006. He indicated this could complicate the court’s jurisdiction over Question Five.
Solicitor-General Ropate Green, representing the State, contended that Section 173(4) does not limit the court’s authority regarding the interpretation of the validity of the 1997 Constitution. Simione Valenitabua, representing the People’s Alliance Party, argued that the court does possess the jurisdiction to address Question Five, asserting that it must consider both constitutions in its analysis, potentially allowing the court to step outside the boundaries of the 2013 Constitution if necessary.
Richard Naidu, representing the National Federation Party, emphasized the unlikelihood of the 1997 Constitution being deemed applicable under current international precedents, while raising concerns about how Section 173 relates to judicial review in line with democratic values and human dignity.
The Supreme Court has scheduled its next session for August 8, where parties will respond to the submissions filed thus far. Furthermore, the case continues to draw attention, with outstanding submissions and documents pending from various parties, including the State’s, which are anticipated soon.
This case highlights the ongoing dialogue surrounding constitutional reform in Fiji, echoing sentiments raised in previous discussions about the need for governance structures that reflect the will of the people and address contemporary societal needs. The proactive engagement of the Supreme Court and the diverse representation of political and civil entities in these proceedings underscore a hopeful trajectory towards a more inclusive political framework that aligns with the aspirations of all Fijians.
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