Constitutional powers dispute heads to Court of Appeal

A legal dispute over the constitutional powers of Fiji’s highest offices is expected to move to the Court of Appeal after Prime Minister Sitiveni Rabuka applied for a stay of a High Court ruling.

The High Court heard today that Mr Rabuka is challenging a decision made in February. His legal team argued that the case raises important questions about the interpretation of Section 82 of the Constitution, as well as the powers of the Prime Minister, the President and the Judicial Services Commission.

Mr Rabuka’s lawyer, Simione Valenitabua, submitted that the issues should be determined by the Court of Appeal before the current ruling continues to take effect.

The State supported the application, with Deputy Solicitor-General Eliesa Tuiloma submitting that the grounds of appeal warranted further examination by the higher court.

However, lawyer Tanya Waqanika opposed the move, telling the court that the February ruling had already been implemented and there was no reason to suspend its effect.

She also said concerns surrounding the possibility of a tribunal involving the President formed part of the appeal.

Justice Dane Tuiqereqere adjourned the matter to June 8.