The Supreme Court has directed Solicitor General Ropate Green to send out invites to nine parties to check if they wish to participate as interveners in the matter where the Cabinet is seeking the Court’s opinion on the interpretation and application of Fiji’s constitutional amendment provisions.

The 10th party is the state.

The application was filed last Friday through the Office of the Solicitor-General, the formal reference invokes Section 91(5) of the Constitution, which allows Cabinet to request the Supreme Court’s advisory opinion on constitutional matters.

Specifically, the referral focuses on Sections 159 and 160, which set out the amendment process.

These sections impose strict requirements, creating a high legal threshold that has made constitutional reform a complex and often unattainable goal.

Chief Justice Salesi Temo says the three parties in the coalition government, the bloc led by Inia Seruiratu, the bloc led by Ioane Naivalurua, the Fiji Law Society, the Fiji Human Rights and Anti-Discrimination Commission as well Unity Fiji Party and the Fiji Labour Party will be invited to participate as interveners.

Justice Temo says if these parties agree to participate, they will need to file submissions.

He says these parties represent the people.

Justice Temo says they are of the view that there is a need to invite the FLP and Unity Fiji although they did not make the threshold in the last general election.

He adds it is in the court’s view that it is prudent and beneficiary to the court to also invite the Fiji Law Society and the Fiji Human Rights and Anti- Discrimination Commission.

Solicitor General Ropate Green asked if the Great Council of Chiefs could also be invited, to which the Supreme Court declined.

Green put to the court that their view is that the GCC is also a representative of the people, for which the court says there is a reason they are limiting their list.

Meanwhile, Justice Temo says there will be six members of the bench to hear the matter.

He says the court will also write to the Chief Justice of Australia to avail a judge to join the bench.

Green is expected to serve the invites by the 6th of next month, when the case will be called again for mention.

Green has also asked the court if the hearing can take place from the 18th to the 22nd of August.

He says a member of the King’s Counsel will represent the state.

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