Supreme Court to give opinion on 2013 Constitution amendment provisions before Sept 5th

The Supreme Court will give their opinion on the questions by the Cabinet on the interpretation and application of the amendment provisions of the 2013 Constitution on notice.

This has been confirmed by Chief Justice Salesi Temo who says that they were to give their opinion on the 5th of next month but they will give it before that.

All interveners, including the State, People’s Alliance Party, National Federation Party, SODELPA, Unity Fiji, Fiji Labour Party, Leader of Opposition and Ioane Naivalurua’s bloc in Parliament, Human Rights and Anti-Discrimination Commission, Fiji Law Society and the Counsel assisting the bench have submitted their responses.

State’s King's Council Brent Walker will continue responding to submissions by other parties tomorrow.

The questions asked by Prime Minister Sitiveni Rabuka in the reference filed in the constitutional case before the Supreme Court include whether the 1997 Constitution is still valid and applicable.

Other questions include 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.