All parties in the matter where the Cabinet has sought Supreme Court's opinion on the interpretation and application of the amendment provisions of the 2013 Constitution are ready for the hearing from the 18th of August.
Solicitor General Ropate Green informed the court that he will be providing a court book of all the submissions and other relevant documents.
Fiji Law Society lawyer Moses Grant sought an order from court binding the Solicitor General to submit the court book but the President of the Court of Appeal Justice Isikeli Matakitoga says he does not want to do as such.
All parties have either filed and served their submissions or will do so by this afternoon or by Monday.
Unity Fiji lawyer Naomi Raikaci, however, will be filing and serving it on Tuesday as she requested the question regarding the application and interpretation of the 1997 Constitution to be reframed.
However, Chief Justice Temo says time is of the essence and she can argue on the question and see what happens.
Solicitor General Ropate Green appeared for the State; Moses Grant represents the Fiji Law Society; Kunal Singh acts for the Leader of the Opposition, Inia Seruiratu; Jagath Karunaratne represents the Fiji Labour Party; Simione Valenitabua appears for the People’s Alliance Party; Sevuloni Valenitabua represents SODELPA; Tevita Vakalalabure acts for Minister for Policing Ioane Naivalurua’s group in Parliament; Naomi Raikaci represents Unity Fiji; Richard Naidu appears for the National Federation Party; and Commissioner Alefina Vuki appears for the Fiji Human Rights and Anti-Discrimination Commission.
The court’s bench is also assisted by King’s Counsel Andrew Butler.
The judges will read all the papers and submission by the State and interveners from the 11th to the 15th of August and the hearing will be held from the 18th to the 22nd of August.
Chief Justice Temo says each party will be given 40 minutes to argue their case orally while the Solicitor General will have an hour.
The judges will confer to write their opinion from the 25th of August to deliver it on the 5th of September.
The panel of judges include Chief Justice Temo, Justice Terence Arnold, Justice William Young, Justice Dame Lowell Goddard, Justice Isikeli Mataitoga, who is the President of the Court of Appeal, and Robert French, the former Chief Justice of Australia and former Fijian Supreme Court judge, who was assigned to the panel at the request of Chief Justice Temo.
The questions asked by Prime Minister Sitiveni Rabuka in the reference filed in the constitutional case before the Supreme Court include whether the 1997 Constitution is still valid and applicable.
Other questions include whether the provisions regarding the amendment to the 2013 Constitution and the transitional period section of the Constitution are binding on the people of Fiji, the Parliament of Fiji, and the Supreme Court, with the effect that none of those provisions can ever be amended, regardless of the will of Parliament or of the people voting in a referendum.
Chapter 11 of the 2013 Constitution states that no amendment to the Constitution may ever repeal any provision on the immunity from prosecution for those involved in the 1987 and 2006 coups, and Chapter 12 deals with the transitional period.
Chapter 11 also requires 75 percent of the Members of Parliament and 75 percent of all registered voters in a national referendum to vote for changes in any other section of the Constitution.
Rabuka also asks whether the provisions can be amended following enactment of a Bill in Parliament to do so, in terms thought fit by Parliament.
The Prime Minister further asks the Supreme Court if the approval of any amendment proposed is effective only if approved by the people of Fiji at a referendum.
He also asks if there is any special majority, and if so, in what proportion, necessary for an enactment or approval by referendum.
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