The Supreme Court of Fiji is set to livestream an important oral hearing scheduled from August 18 to August 22, 2025, which will address five key questions posed by the Cabinet about amendments to the 2013 Constitution. This exceptional move aims to ensure public access to a landmark case that may significantly influence Fiji’s constitutional framework. Among the critical inquiries, the Court will scrutinize the legality and validity of the 1997 Constitution.
The Office of the Attorney-General has commenced proceedings under section 91(5) of the 2013 Constitution by filing an Originating Motion, Reference, and supporting affidavit. The questions revolve around the amendment provisions in the Constitution, focusing particularly on whether the provisions governing such amendments are binding or open to change via public referendum. One of the central questions investigates the legal status of the 1997 Constitution, an issue that resonates deeply due to its historical context.
During a recent directions hearing, Solicitor-General Ropate Green provided updates to the Supreme Court, summarizing the State’s submissions along with essential constitutional facts. Intervenors have also presented their standpoints on the submissions, indicating a diverse range of perspectives on this critical matter.
The Court plans to issue a memorandum of questions by July 26, 2025, with parties required to respond by August 8, leading to a final directions hearing on that date. The anticipated judgment from the Supreme Court is expected on September 5, 2025, which may set a pivotal precedent for constitutional law in Fiji.
This engagement underscores the Fijian government’s commitment to transparency and the need for a governance structure that reflects the aspirations of its people. Previous discussions have emphasized that the stringent requirements for amending the current Constitution have hindered necessary reforms. As such, this case could be a significant step towards a more inclusive and adaptable governance framework in Fiji.
The commitment to making the proceedings accessible to the public via livestreaming reflects a robust dedication to fostering public trust and enhancing democratic participation. The ongoing dialogue surrounding potential constitutional reforms offers hope for a governance system better aligned with the needs of the Fijian populace.
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