Fiji's Supreme Court hears case on amending 2013 Constitution
Photo:
RNZ Pacific / Kelvin Anthony
Fiji's highest court began hearing a constitutional case on Monday, brought by the Fijian government regarding making amendments to the 2013 Constitution.
The government is specifically seeking the Supreme Court's opinion on the interpretation and application of sections 159 and 160, which concern the process of amending the Constitution.
The Supreme Court bench is presided over by Chief Justice Salesi Temo and includes Justices Terence Arnold, Lowell Goddard, William Young, Robert French, and Isikeli Mataitoga.
The Fiji Times
reported that majority of the lawyers representing political parties and politicians on the opening day argued the 2013 Constitution is illegitimate and invalid.
"Appearing for the State, Australian barrister Bret Walker SC said certain provisions of Fiji's 2013 Constitution can never be amended, regardless of any parliamentary or referendum procedure," the newspaper reported.
The government is specifically seeking the Supreme Court's opinion on the interpretation and application of sections 159 and 160, which concern the process of amending the 2013 Constitution.
Photo:
RNZ Pacific / Kelvin Anthony
The 2013 Constitution, which grants every citizen equal status and rights, has been at the centre of Fijian political debate since its adoption.
Its critics say that the document was imposed by the previous Bainimarama administration and was written by the former Attorney-General Aiyaz Sayed-Khaiyum, a
claim that he denies
.
The Supreme Court will continue hearing submissions through the week.
Earlier this year, Prime Minister Sitiveni Rabuka's coalition
tried but failed
to secure the parliamentary support to change the document.
He could not get the 75 percent majority required during the second reading of the Constitutional Amendment Bill.
One of Rabuka's deputies, Manoa Kamikamica, told
Pacific Waves
soon after that the 2013 Constitution
"legalised dictatorship"
.
In May, Fiji's Great Council of Chiefs - the apex body of idigenous Fijian leadership -
unanimously rejected
the 2013 Constitution, declaring it unfit for purpose.
Meanwhile, Fiji Police have refused to grant a permit for a public march against the 2013 Constitution.
Police have cited national security concerns for the refusal.
The march, organised by former MP Niko Nawaikula, was planned for Thursday.
Nawaikula, who is the president of SWN (Stand With Niko) Advocacy group, said the police's refusal is a "violation of constitutional rights enshrined in the [2013] Constitution".
"Our planned march sought to shine a light on these issues in a peaceful and constructive manner," he said.
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