The lawyer representing Opposition leader, Inia Seruiratu, says that Fiji has now had three democratic elections under the 2013 Constitution, all with high voter turnout, and that the document has been accepted in practice by the people and institutions of the country.

He highlighted this while making submissions on three questions posed by the Supreme Court Judges as the hearing continued in the case where the Cabinet has sought the Court’s opinion on the interpretation of Sections 159 and 160 of the 2013 Constitution.

Kunal Singh says that the people recognize this constitution as the supreme law of the country.

He says it is the very framework that governs not only the conduct of courts, but also every Fijian, adding that Section 2.3 further reinforces this by requiring the constitution to be upheld and respected by all, by citizens, by the state, and by public officers alike.

Singh says the obligations it imposes are not optional, but must be fulfilled, and this court must ensure this.

He adds that there can be no exception, no partial compliance, stressing that there are clear paths in the constitution and the path laid down towards amendment must follow, with open eyes and closed ones.

He says that the question of any suggestion of partial compliance is nonsensical and would cause mayhem and complete disorder to the legal system.

He says Section 3 directs that anyone interpreting or applying the constitution must do so in a way that promotes its spirit, purpose, and object as a whole.

He says the court cannot reduce or dilute a constitutional requirement simply because it’s difficult to achieve.

He says we cannot and must not allow our legal system and framework to be manipulated by political motives.

Meanwhile, People’s Alliance Party counsel Simione Valenitabua says that the 2013 Constitution must be obliterated.

He says they agree with Justice French that question 5e cannot be answered without dealing with a preliminary issue, and the preliminary issue is the question of jurisdiction.

Valenitabua says the Supreme Court possesses the ultimate power and indeed the duty to withhold recognition from any purported constitutional provision that lacks foundational legal authority.

He says the 2013 constitution fails the test, adding that it was not enacted under the lawful procedures of the 1997 constitution it purports to replace.

Therefore, he says its provisions are nullities in law.

He says the current government’s democratic mandate does not cure this original defect, and it makes the need for a cure more urgent.

“We urge this court to find, as a preliminary issue to question 5e, that the 2013 constitution is void ab initio and of no legal force or effect. Therefore, the 1997 constitution is valid and applicable, and subsequent to that, it provides transitional provisions as the court deems just and effective in the circumstances.”

The proceedings continue in Veiuto and are being streamed LIVE on FBC 2 and the FBC News Facebook page.

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