CJ asks if Supreme Court has jurisdiction to hear about 1997 Constitution

Chief Justice Salesi Temo has asked the interveners in the matter where government has sought the opinion of the Supreme Court on questions relating to the interpretation or application of the 2013 Constitution, if the Supreme Court has jurisdiction to hear the question about the 1997 Constitution.

Chief Justice Temo says the questions were referred to the Supreme Court under Section 91(5) of the Constitution which states that the Cabinet may seek an opinion from the Supreme Court on any matter concerning the interpretation or application of this Constitution.

He says it seems like it does not count the question on the 1997 Constitution.

While responding, State Counsel Solicitor General Ropate Green says Section 91(5) of the Constitution does not exclude the jurisdiction of the court.

He says the court has inherent authority and as the question has been asked, it must be considered.

Chief Justice Temo says they cannot go outside of the four corners of the Constitution but the interveners should persuade them.

Fiji Law Society President, Wylie Clarke says the question is not valid as the 2013 Constitution is alive and well.

Leader of the Opposition, Inia Seruiratu's lawyer and FLP representative Jagath Karunaratne also believes the 2013 Constitution is valid.

Others believe the Supreme Court has the jurisdiction to answer question about the 1997 Constitution.

The hearing will be livestreamed.

Meanwhile, all interveners which include the State, People's Alliance Party, Leader of the Opposition, National Federation Party, SODELPA, Unity Fiji, Fiji Labour Party, Human Rights and Anti Discrimination Commission and the Fiji Law Society have filed their submissions with respect to the 5 questions.

The court's memorandum of questions based on the submissions will be filed and served next Friday.

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 Salesi 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 the 5th of September.

The case has been adjourned to the 8th of August at 2.30pm.

The panel of judges include Chief Justice Temo, Justice Terence Arnold, Justice William Young, Justice Dame Lowell Goddard, while at the request of Justice Temo, the Australian Chief Justice has assigned former Australian Chief Justice and former Fijian Supreme Court judge Robert French.

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 on 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.

@fijivillage.com CJ asks if Supreme Court has jurisdiction to hear about 1997 Constitution #fiji #fyp ♬ original sound - fijivillage