PAP says 2013 Constitution invalid and 1997 Constitution must be declared still valid and applicable

The People's Alliance Party believes that the 2013 Constitution is invalid from the beginning and the 1997 Constitution must be declared still valid and applicable.

While making submissions in the matter where the Cabinet has sought the opinion of the Supreme Court for the interpretation and application of the 2013 Constitution, People’s Alliance Party lawyer, Simione Valenitabua says the 1997 Constitution abrogation has no legal effect as the President does not have the legal power to do so.

Valenitabua says the regime said it was saving Fiji but it was in fact saving itself as there was no natural crisis but their own manufactured crisis.

He says deliberately abrogating the 1997 Constitution when the court declared it valid was contempt of court.

The People's Alliance Counsel says to ensure continuity of governance while constitutional legitimacy is restored, ordinary legislative and administrative acts performed under the invalid 2013 Constitution shall be temporarily validated for a period of 36 months from the date of the judgement.

He says current office-holders, including the President, Prime Minister, Parliament as an institution, and judiciary, shall be recognised as transitional authorities for a period of 6 month and within 36 months, Parliament must be reconstituted in accordance with the 1997 Constitution.

He says the fundamental rights provisions, the judicial independence provisions, and constitutional amendment provisions outlined in the 1997 Constitution should take immediate effect.

Valenitabua says the review and consultations may cover both the 1997 and the 2013 Constitution and to focus drawing from them the most suitable, positive and pragmatic provisions, including those that cover amendments.

He also says the purported immunity provisions in the 2013 Constitution are of no legal effect and cannot shield unlawful actions from prosecutorial and judicial scrutiny.

He says if the 2013 Constitution is the supreme law of Fiji then it is impossible to amend due to its uniquely stringent requirements and therefore it is not binding on the people of Fiji.

The hearing continues in the Supreme Court.