SODELPA counsel Jolame Uludole says the abrogation of the 1997 Constitution in 2009 was a rogue act of the then interim government and it was contrary to the Constitution, invalid and illegal, and they submit that the Supreme Court should determine it as such.
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, Uludole says the 2013 Constitution is not a consensus document as it does not reflect a set of principles that all citizens in a country can agree upon, as was shown when a motion was introduced by Government to amend certain provisions of the Constitution branded as “inoperable.”
He says the court can rule that the 2013 Constitution is invalid and the 1997 Constitution remains the law.
The lawyer says to avoid chaos in governance, the court can also rule that actions taken under the 2013 Constitution remain valid for the ordinary running of the State and for practical reasons on the basis of necessity.
Uludole to bring the 1997 Constitution back into force, a General Election needs to be called under its provisions.
He says to minimise disruption, the present Government can be designated as the Interim Government operating under the 2013 Constitution until completion of its current term.
The hearing continues in the Supreme Court today.
