Apenisa Waqairadovu 
A directions hearing will be held today in the Supreme Court to determine how proceedings will unfold in a significant constitutional case filed by Cabinet.
The Cabinet is seeking the Court’s opinion on the interpretation and application of Fiji’s constitutional amendment provisions, a move that could potentially influence how the 2013 Constitution is reviewed or reformed in the future.
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.
Today’s hearing, presided over by Chief Justice Salesi Temo, is expected to set the timeline for the submission of legal arguments and outline the process for how the case will proceed.
This move by Cabinet also marks the first time such a reference has been made regarding amendment procedures since the 2013 Constitution came into effect.
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