Fiji’s Supreme Court will issue its opinion on September 5, 2025, in a significant case that could decide if parts of the 2013 Constitution can be amended and whether the abrogated 1997 Constitution remains legally valid.
In a packed directions hearing in Suva today, Chief Justice Salesi Temo and Justice Isikeli Mataitoga established a strict timeline for the case, stressing the need for timely progress to avoid additional costs to taxpayers.
Case Timeline
- 27 June: State to compile and serve a summary of arguments to all intervenors and file it in court
- 18 July: Deadline for the State and all intervenors to submit full written submissions
- 18 July (Court mention): Court to check submission status
- 8 August: Filing of responses to each other’s submissions
- 8 August (Court sitting): Court to confirm that all responses have been submitted
- 11–15 August: Judges to read and analyse submissions
- 18–22 August: Oral hearing – 1 hour for the State; 40 minutes for each intervenor
- 25 August – 4 September: Judges to confer and prepare opinion
- 5 September: Supreme Court delivers its opinion
During the sitting, several intervenors urged the court to direct the State to file its submissions first to streamline the process. Jon Apted, representing the National Federation Party (NFP) alongside Richard Naidu, argued that doing so would provide a framework that would allow intervenors to respond more clearly. His suggestion was supported by Vakalalabure, who appeared for the Iowane Naivalurua-led Opposition blocs, and Fatiaki, who appeared for the Fiji Law Society. Both agreed that since the State initiated the reference and framed the questions, it should set the agenda. Chief Justice Temo agreed and directed the State to serve its summary of arguments by 27 June.
Among the materials expected to be presented in court is the Yash Ghai draft Constitution of 2012. Vakalalabure also requested the State to provide data from the 2013 constitutional consultations, including public submissions, to allow for a comparative analysis of the processes that led to the adoption of the current Constitution. He also requested the state to submit the 2009 Decree that revoked the 2007 Constitution.
The Court has allowed nine intervenors to assist with the reference. Legal representation includes Simone Valenitabua for the People’s Alliance, Rohit Dayal and Jone Uludole for SODELPA, Kunal Singh for the Leader of the Opposition bloc, Vakalalabure for the Naivalurua-led Opposition bloc, Jagath Karunaratne for the Fiji Labour Party, Litiana Bulivou and Naomi Raikaci for Unity Fiji, Commissioner Alefina Vuki for the Fiji Human Rights and Anti-Discrimination Commission, Fatiaki for the Fiji Law Society, and Jon Apted and Richard Naidu for the National Federation Party.
Former Prime Minister and FLP leader Mahendra Chaudhry was also present in court.
The parties were informed that a six-member Supreme Court bench, including former Chief Justice Robert French of Australia, will hear the matter. French previously served on Fiji’s Supreme Court from 2003 to 2008.
The case comes in the wake of the failed 2025 Constitution Amendment Bill, which sought to reduce the threshold for constitutional amendments and eliminate the requirement for a referendum. The Bill fell short by one vote, prompting the government to refer the matter to the Supreme Court
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