The Supreme Court has yet to schedule a date for a Constitution Interpretation of section 105(2)(b) of the 2013 Fijian Constitution, which Cabinet says complies with section 91(5) of the Constitution.
Section 91(5) highlights that the Cabinet may seek an opinion from the Supreme Court on any matter concerning the interpretation or application of the Constitution.
This will be particularly on whether an Independent Legal Services Commission finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.
The provisions of the Constitution on the disqualification from office for potential members of the Judiciary, holders of the positions of Director for Public Prosecutions, and other constitutional offices have been a matter of public discussions and disagreement, including between the Fiji Law Society and the Acting Chief Justice.
Prime Minister Sitiveni Rabuka said the Office of the Solicitor-General will prepare the necessary application on behalf Cabinet to the Supreme Court for consideration in the April 2024 Sitting of the Supreme Court.
Rabuka said the Constitution Interpretation from the Supreme Court was sorted and is key as there were growing concerns from key stakeholders on the legality of the appointment of the Acting DPP and particularly his decision to reshuffle key Cabinet positions and that some in the legal fraternity objected to.
