Supreme Court to hear Govt’s constitutional questions tomorrow

The matter where the government has sought the opinion of the Supreme Court on questions relating to the interpretation or application of the 2013 Constitution will be called in court tomorrow.

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.

The Bill to amend the 2013 Constitution was defeated in Parliament and the Cabinet endorsed the referral of questions concerning the interpretation and application of the Constitution to the Supreme Court pursuant to section 91(5) of the 2013 Constitution.

Prime Minister Sitiveni Rabuka confirms the relevant papers were filed in the Registry of the Supreme Court tomorrow.

He says Section 91(5) of the 2013 Constitution permits the Cabinet to seek the opinion of the Supreme Court on questions relating to the interpretation or application of the Constitution.

Rabuka says the Constitution imposes a high threshold for an amendment to the Constitution, which has made review or reform of the Constitution extremely challenging.

He says given these circumstances, Cabinet has taken the principled approach of utilising the procedure in section 91(5) of the Constitution to seek clarification through a formal Reference to the Supreme Court.

Rabuka says at this hearing on Friday, the Supreme Court is likely to issue directions on the hearing of the Reference proceedings.

The President of the Supreme Court is Chief Justice Salesi Temo.

The Prime Minister says it is anticipated that at the preliminary hearing, the Supreme Court may also set a timetable for the filing of legal submissions.

He adds the Government recognises the complexity and legal significance of this referral and it is committed to engaging in the process of constitutional law reform in a transparent manner that is consistent with the rule of law.