The lawyer for Minister for Policing Ioane Naivalurua’s bloc in Parliament, Tevita Vakalalabure says the 1997 Constitution remains valid and the 2013 Constitution remains defacto but not in law as it does not have a lawful origin.
He says there was no constituent assembly, no referendum or ratification and no proof of voluntary acceptance by the people of Fiji.
Vakalalabure says a constitution, drafted by a handful of officials, without the people’s informed participation or consent cannot claim lawful legitimacy today.
He says there is no evidence that people accepted the 2013 Constitution and that an informed consent was given freely.
The lawyer says they acknowledge that the 2013 Constitution be defacto for pragmatic reason to preserve the continuity of governance.
He says the court may preserve the machinery of government temporarily but the lawful source in Fiji remains the 1997 Constitution until changed by the people through the 1997 procedures.
Vakalalabure further says that necessity permits a temporary reconstitution of the Senate for the limited purpose of satisfying amendment machinery of the 1997 Constitution.
He adds that in politics, time cannot legalise what was unlawful in order.
The hearing continues in the Supreme Court today.
