Cabinet has recently endorsed the referral of questions concerning the interpretation and application of the Constitution to the Supreme Court pursuant to section 91(5) of the 2013 Constitution of the Republic of Fiji (‘Constitution’).
The relevant papers were filed in the Registry of the Supreme Court last Friday, 16 May 2025.
Section 91(5) of the 2013 Constitution permits the Cabinet to seek the opinion of the Supreme Court on questions relating to the interpretation or application of the Constitution.
Cabinet has requested the Supreme Court’s opinion specifically on the interpretation and application of the constitutional amendment provisions under sections 159 and 160 of the Constitution.
The Constitution imposes a high threshold for an amendment to the Constitution, which has made review or reform of the Constitution extremely challenging.
Given these circumstances, Cabinet has taken the principled approach of utilising the procedure in section 91(5) of the Constitution to seek clarification through a formal Reference to the Supreme Court.
A Supreme Court Reference has now been formally filed through the Office of the Solicitor-General.
The case is listed for a directions hearing on Friday, 23 May 2025.
At this hearing, the Supreme Court is likely to issue directions on the hearing of the Reference proceedings.
The President of the Supreme Court is the Chief Justice Hon Salesi Temo.
It is anticipated that at the preliminary hearing, the Supreme Court may also set a timetable for the filing of legal submissions.
Government recognises the complexity and legal significance of this Referral.
It is committed to engaging in the process of constitutional law reform in a transparent manner that is consistent with the rule of law.