The Attorney-General’s office has until next Tuesday to reply to inquiries from attorneys representing plaintiffs Sung Jin Lee and Nam Suk Choi in a case seeking a judicial review. The civil matter was addressed by Justice Anare Tuilevuka in the High Court in Suva on Friday.
Plaintiffs were represented by lawyers Nilesh Prasad and Devanesh Sharma, while the state was represented by Deputy State Solicitor Ofa Solimailagi. This case arises from a judicial review application connected to a High Court ruling concerning six individuals who were issued red notices last year.
During the court proceedings, updates were provided regarding the list of questions that the Home Affairs and Immigration Minister, Pio Tikoduadua, needs to answer. The plaintiffs had previously been granted permission to submit interrogatories after their request to cross-examine Mr. Tikoduadua was rejected.
Ms. Solimailagi informed the court that the State received 23 questions but could not respond to some of them because Mr. Tikoduadua was not the appropriate authority for certain questions, while others were deemed privileged. Mr. Sharma expressed a willingness to negotiate and resolve these issues before the next hearing, emphasizing that answering the questions would help clarify the grounds for the judicial review.
The applicability of the ouster clause to the case remains unresolved, as the Supreme Court has yet to rule on it. While Ms. Solimailagi contended that the ouster clause could be relevant, Mr. Sharma referred to Section 16 (1) (c) of the 2013 Constitution, which allows for judicial review of any executive or administrative actions.
Justice Tuilevuka postponed the matter, indicating that he looks forward to the state’s responses, with the case set to continue in Lautoka.