Apenisa Waqairadovu 
Lawyer Simione Valenitabua.
The 2013 Constitution shields itself from judicial scrutiny both in fact and in law.
This was highlighted by lawyer Simione Valenitabua during his oral submissions on behalf of The People’s Alliance 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.
Valenitabua told the court that The People’s Alliance accepts that the 2013 Constitution contains no provision granting the Supreme Court the power to invalidate it.
He argued, however, that this silence “speaks volumes,” stressing that common law recognizes the court’s duty to protect the rule of law even against kings and parliaments.
“Fijians are watching today, my lords and my lady, whether this court is going to deploy that sword to protect the rule of law even against the People’s Alliance-led government.”
He further submitted that The People’s Alliance wants the court to safeguard the rule of law without fear or favor, warning that no one should use the Constitution for political convenience.
Valenitabua adds that the party will accept the court’s ruling even if it meant invalidating the constitutional framework under which the current government was elected.
He states that is what the court rules on, urging that Cabinet must be directed in no uncertain terms.
The proceedings are continuing in Veiuto and are being streamed live on the FBC News Facebook page and FBC 2.
More to follow.
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