Question regarding 1997 Constitution makes it more complicated as it’s like putting in ‘a spanner in the works’ - CJ Temo

All parties represented in Parliament including the People’s Alliance, the National Federation Party, SODELPA, Leader of Opposition Inia Seruitatu’s faction, and Minister for Policing Ioane Naivalarua’s faction, Unity Fiji Leader Savenaca Narube, Fiji Labour Party Leader Mahendra Chaudhry, the Human Rights and Anti Discrimination Commission and the Fiji Law Society have been invited by the Supreme Court to make submissions in the matter where the Cabinet has sought the opinion of the Supreme Court on the interpretation of the 2013 Constitution.

Supreme Court President and Chief Justice Salesi Temo also says it is always prudent to include the Human Rights Commission and the Law Society as this is their turf.

Solicitor General Ropate Green, who is representing the State, did not object to the inclusion of the interveners.

Pictured: Solicitor General Ropate Green

He also requested the inclusion of the Great Council of Chiefs as an intervener but Supreme Court Judge Justice Isikeli Mataitoga denied it, stating that the list for the interveners was decided after careful consideration.

He is asking the Court to provide a response to 5 questions.

The Solicitor General has been given time until the 29th of May to serve the papers to the 9 interveners.

They will be called in court with their Counsel on the 6th of June to inform the Court if they agree to intervene or not.

Green has requested the 18th to the 22nd of August for the hearing date as they are engaging a King's Counsel and those are the dates they will be available.

Chief Justice Temo says he will be given these dates two months from now but also highlighted that the questions the Cabinet is asking is more than the mere amendment to the 2013 Constitution.

He says the questions also involve a critical decision which led to the constitutional uprising of April 23rd 2009. Chief Justice Temo says the question regarding the 1997 Constitution makes it more complicated and more interesting and it described it as putting in ‘spanner in the works’.

While referring to the 1997 Constitution, Justice Mataitoga says this issue is still alive.

Green responded that those are the issues that can be resolved and laid to rest.

Meanwhile, Green also requested liberty and time to file the constitutional facts that any intervener would have to agree to and this is the context for asking these questions.

Chief Justice Temo confirms the bench will include 6 members who are Justice Temo, Justice Mataitoga, Justice Terence Arnold, Justice William Young, Justice Dame Lowell Goddard and he will be asking the Chief Justice of Australia to nominate a judge.

Cabinet, through the Office of the Solicitor-General, has requested the Supreme Court’s opinion specifically on the interpretation and application of the constitutional amendment provisions under Sections 159 and 160 of the Constitution.

Sections 159 and 160 require a three-quarters majority in Parliament and approval from 75 percent registered voters in a national referendum respectively.

Fiji Electoral Law Reform Commissioner Deidre Brookes, Court of Appeal Judge Justice Alipate Qetaki, Fiji Law Society President Wylie Clarke and lawyer Simone Valenitabua were also present in court this morning.

Pictured: Fiji Law Society President Wylie Clarke