Is the 1997 Constitution still valid and applicable.
That is one of the five questions asked by Prime Minister, Sitiveni Rabuka in the Reference filed in the constitutional case which is currently before the Supreme Court.
This question arises based on earlier discussions on the ‘abrogation’ of the 1997 Constitution by the late former President, Ratu Josefa Iloilo and the way the 2013 Constitution was brought in without a Parliament in place.
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.
The parties in the case include the Office of the Attorney General, the People’s Alliance Party, National Federation Party, SODELPA, Opposition faction of Inia Seruiratu, Faction of Ioane Naivalurua, Fiji Labour Party, Unity Fiji, Fiji Human Rights and Anti-Discrimination Commission the Fiji Law Society.
The case will be called before the Supreme Court on June 6th.
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