Constitutional Amendment Battle Begins in Supreme Court

The Supreme Court of Fiji is hearing arguments today on the government’s request for an opinion regarding proposed amendments to the 2013 Constitution.

Nine interveners, including the Office of the Solicitor-General representing the State, will present submissions before six judges at the Veiuto Court Complex in Suva.

The six judges are Chief Justice Salesi Temo, President of Court of Appeal, Justice Sikeli Mataitoga, Justice Terrence Arnold, Madam Justice Lowarrd Gordald, Justice William Young and Justice Ribert French.

Cabinet is seeking the opinion of the Supreme Court through five questions including: 

• Are the provisions of Chapter 11 and Part D of Chapter 12 of the Constitution of the Republic of Fiji 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? 
• May the provisions referred to in (1) be amended following the enactment of a Bill in Parliament to do so, in terms thought fit by Parliament? 
• Is the approval of any amendment proposed in accordance with (2) effective only if approved by the people of Fiji at a referendum? 
•  Is any special majority, and if so in what proportion, necessary for an enactment under (2) or approval by referendum under (3)? 
• Is the 1997 Constitution still valid and applicable? 

The State has been allocated one hour to argue its case and respond to five key questions referred by Cabinet.

Each of the nine interveners will have 40 minutes to present their arguments.

The proceedings are being livestreamed on the Fiji Government YouTube channel and covered by the Fiji Broadcasting Corporation.

Stay with us for updates as this landmark case unfolds.