Suva Lawyer Jon Apted

Suva Lawyer Jon Apted who is representing the National Federation Party in the hearing matter of section 91(5) and 98(3) (c) of the Constitution before the Supreme Court agrees with the state that the 2013 Constitution, was imposed on the people of Fiji.

Apted further states that the amendment provisions in sections 159 (2) and 160 were deliberately drafted to shield the Constitution from amendment.

“They are fundamentally inconsistent with the principle of popular sovereignty, which is enshrined in the Constitution and reflected in both the preamble and section 3. Like the state, we invite the court to hold that those provisions are unconstitutional, even though they are in the Constitution.”

Apted in NFP’s submission before the judges highlighted that like the state, the NFP also wants the supermajority of Parliament and the supermajority of the referendum to be read down and excised from the Constitution.

Apted submitted that a simple majority would be dangerous, and they had invited the court to read in a two-thirds majority of Parliament for the supermajority.

However, he stated that understanding that the court’s jurisdiction to do that, to read in rather than just excise, is a contested matter.

“We support the State’s argument, my Lord, that the introduction of not just a referendum but a three-quarters majority – and we read it like the State, of all of the registered voters in this country is an impossible provision to meet. We agree with the State. It’s part of the impossibility of amendment that was deliberately inserted into the constitution. We invite, like the State, we invite the court to find that it is invalid.”

Apted further stated that Fiji is a country in transition.

He highlighted that the social, demographic, and inter-ethnic issues that shaped past constitutions – such as those in 1970, 1987, and 1997 have significantly changed.

According to Apted the country has moved on, and its constitution needs to be flexible enough to adapt to these evolving circumstances.

The submissions continues in Veiuto, Suva.

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