Ketan Lal seeks court order to halt Constitution Bill’s third reading

The High Court in Suva has set October 23 to hear MP Ketan Lal’s application to halt the third reading of the Draft Constitution Amendment Bill.

Mr Lal is challenging the Bill’s constitutionality and the voting threshold applied during its second reading on October 2.

He is seeking interim orders to prevent the Bill from progressing while his civil case is heard.

The application names Speaker of Parliament Filimone Jitoko, the Attorney-General and the Electoral Commission as respondents.

Mr Lal argues that repealing all provisions of the 2013 Constitution except Chapter 10 would unlawfully remove transitional immunities and savings provisions under Part D of Chapter 12.

He also disputes the voting threshold used during the second reading, arguing that Section 160(2)(b) requires a three-quarters majority of all 55 parliamentary seats, or 42 votes. Alternatively, he contends that a two-thirds threshold calculated against all seats would require at least 37 votes.

The Bill received 38 votes in favour, including two virtual votes. With two seats vacant, 53 seats were occupied. The Speaker treated the 38 votes as sufficient to meet the two-thirds threshold for the second reading.

Mr Lal also argues that the Supreme Court opinion relied on to determine the threshold is not binding.

His application seeks orders restraining the Speaker from putting the Bill to a third reading, preventing official notification to the President and barring the Electoral Commission from conducting a proposed national referendum.

Prime Minister Sitiveni Rabuka has indicated that the referendum will be held on December 9.

The matter came before Justice Dane Tuiqereqere this morning, when Mr Lal’s lawyer, Mohammed Saneem, asked the court to expedite the proceedings.

Mr Saneem also sought interim orders preventing Mr Jitoko from communicating with the President about the Bill’s third reading.

Electoral Commission representative Mesake Dawai told the court the commission needed 21 days for its board to engage external counsel. The other respondents also sought time to respond.

However, Justice Tuiqereqere said he would not be sitting from October 26 to 30, requiring the matter to be heard before then.

The court directed all respondents to file their affidavits in response by October 20, with Mr Lal to reply on October 21.

All submissions must be filed by October 22, ahead of the October 23 hearing.

Parliament’s third and final reading of the Bill is scheduled for November 2 to 6.