Cabinet seeks court’s help

February 29, 2024 3:02 pm

The cabinet has approved the referral of a question of Law to the Supreme Court on the appointment of Judicial and other Constitutional Offices.

In compliance with section 91(5) of the Constitution, Cabinet will make a referral to the Supreme Court of Fiji concerning the interpretation of sections 105(2)(b) of the Constitution.

The cabinet will in particular look at whether an Independent Legal Services Commission finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.

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The provisions of the 2013 Constitution on the disqualification from office for potential members of the Judiciary, and holders of the position of Director for Public Prosecutions and other constitutional offices have been a matter of public discussion and disagreement, including between the Fiji Law Society and the Acting Chief Justice.

The Office of the Solicitor General will prepare the necessary application on behalf of Cabinet to the Supreme Court for consideration in the April sitting of the Supreme Court.