Apenisa Waqairadovu 
Kunal Singh [Photo: Supplied]
Lawyer Kunal Singh, representing Opposition Leader Inia Seruiratu, told the Supreme Court there is no urgency for the 1997 Constitution to be reinstated.
He was making a submission in the Cabinet’s reference before the Supreme Court on the interpretation and application of sections 159 and 160 of the Constitution of the Republic of Fiji.
Singh argued that referendum requirements under Section 163 are essential to democratic legitimacy, as they ensure amendments not only reflect Parliament’s decision but also the direct approval of the people.
When questioned on the basis of the 2013 Constitution, Singh said there was no referendum process.
Justice Isikeli Mataitoga remarked that referendum thresholds appeared to change from two-thirds to three-quarters “overnight,” suggesting something magical must have occurred.
Singh responded that the Opposition maintains any constitutional change requires referendum approval, though how such a process is conducted remains a matter to be clarified.
He also submitted that the 1997 Constitution cannot be considered valid now, noting that three general elections have been held and accepted under the current framework, along with a parliamentary decree recognizing the 2013 Constitution.
The matter resumes tomorrow and will be broadcast live on FBC 2 and on the FBC News Facebook page.
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