Unity Fiji leader Savenaca Narube and Fiji Labour Party leader Mahendra Chaudhry are among nine interveners invited to make submissions in a key constitutional case launched today before Fiji’s Supreme Court, focusing not only on how the 2013 Constitution can be amended but also seeks to revisit the 2009 Court of Appeal ruling, which declared the 2006 coup unlawful.
Today’s directions hearing, presided over by Chief Justice Salesi Temo and President of the Court of Appeal Justice Sikeli Mataitoga, marks the beginning of proceedings in the Reference brought by Cabinet under Section 91(5) of the Constitution. The Reference poses five key questions that extend beyond how amendments to the Constitution can be carried out, and touch on, as well, the significance of the 2009 Court of Appeal ruling, which led to the “constitutional uprising” that saw the abrogation of the 1997 Constitution.
The matter stems from the government’s failed attempt to pass the Constitution (Amendment) Bill 2025 in March, which proposed lowering the threshold for constitutional amendments from 75% to 66% and removing the requirement for a national referendum. The Bill fell short by one vote in Parliament.
2009 Court of Appeal Ruling
The 2009 ruling followed the 2006 military takeover led by then Commodore Voreqe Bainimarama, which saw the removal of the late Prime Minister Laisenia Qarase, the dissolution of Parliament, and the appointment of an interim government. The Court of Appeal found that the military coup was unconstitutional and that presidential decrees issued to justify the takeover were invalid.
In today’s hearing, Justice Temo highlighted that the inclusion of this ruling among the issues raised “makes it more complicated and interesting,” adding that the Court now faces two major constitutional questions that require thorough legal consideration.
The court noted that the 2009 ruling remains an active matter, to which Solicitor-General Ropate Green responded that the case must help “put those questions to rest.”
Nine Interveners Invited
The Court has invited nine interveners to assist in addressing the questions posed by the State. These are:
- The People’s Alliance Party (PAP)
- National Federation Party (NFP)
- SODELPA
- Iowane Naivalurua’s Opposition bloc
- Inia Seruiratu’s Opposition bench
- Fiji Law Society
- Fiji Human Rights and Anti-Discrimination Commission (FHRC)
- Unity Fiji Leader Savenaca Narube
- Fiji Labour Party Leader Mahendra Chaudhry
The Court said these parties were chosen based on their parliamentary representation or, in the cases of Narube and Chaudhry, their strong showing in the 2022 election, where they ranked sixth and seventh with 6,845 and 5,760 votes, respectively, placing them among the top 10 candidates.
The Fiji Law Society and FHRC were invited in their professional capacity as experts in constitutional law.
The State has been ordered to serve the nine by May 29, and each party must indicate at the next hearing on June 6 whether they will participate. If they choose to take part, the Court will, on the same day, outline a timeline for submissions, with a proposed hearing from August 18 to 22.
Green also asked the Court to consider including the Great Council of Chiefs (GCC) as an intervener. However, the Court declined, citing the need to keep to the state’s suggested schedule and limit participation to parliamentary bodies/entities.
Bench Confirmed
Chief Justice Temo announced that six judges will hear the case:
- Retired Justice Terence Arnold
- Justice Lowell Goddard
- Justice William Young
- A judge to be nominated by the Australian Chief Justice
- Chief Justice Salesi Temo
- Justice Sikeli Mataitoga
Justice Temo confirmed that the Australian Chief Justice will be formally requested to appoint the sixth member of the panel, ensuring a broad and experienced bench.
He also said the case would take priority, and given its importance, they would amend their schedules to see it through.
The matter returns to court on June 6, when the interveners will appear with counsel to confirm their participation.
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