Apenisa Waqairadovu 
Australian barrister Bret Walker.
Australian barrister Bret Walker has reminded the Supreme Court that Fiji’s political history is reflected in the fact that the 2013 Constitution was not democratically created.
Walker made oral submissions on behalf of the state this morning in the Cabinet’s reference to the Supreme Court on the interpretation and application of sections 159 and 160 of the Constitution of the Republic of Fiji.
He argued that under the Constitution, the state is the law-making body on behalf of the people, and that only Parliament can provide a proper and consistent approach to constitutional amendment provisions.
Walker noted that this is generally the case with all constitutions apart from the one promulgated by the British Crown at independence, which was not a direct product of Fijian democracy, despite significant involvement of the people in its drafting.
He further submitted that the current Constitution and its provisions have never been directly tested in any of the three parliamentary elections since 2013.
According to Walker, Fijians were never given the opportunity to vote on the Constitution as a whole or on any of its parts, and parliamentary elections cannot in themselves alter or validate the document.
He stressed that the matter before the court is a unique form of litigation, not a dispute between opposing parties but still one from which the court can benefit from differing arguments.
The proceedings are continuing in Veiuto and are being streamed live on the FBC News Facebook page and FBC 2.
More to follow.
Stream the best of Fiji on VITI+. Anytime. Anywhere.
