Fiji’s Supreme Court will hold a directions hearing tomorrow in a constitutional case brought by Cabinet, which has appointed top Australian barrister Bret Walker SC to seek clarity on how the 2013 Constitution can be amended.
A directions hearing typically sets out the steps and timeline for the case — including deadlines for legal submissions, identification of key legal questions, and scheduling of further hearings, and marks the formal start of the Supreme Court’s consideration of the matter.
Cabinet is seeking the opinion of Fiji’s highest court on the interpretation and application of the constitutional amendment provisions under sections 159 and 160 of the 2013 Constitution.
This has been done through a formal Reference under section 91(5) of the 2013 Constitution, which allows Cabinet to request the Supreme Court’s advisory opinion on constitutional matters. The Reference was filed last Friday. Fiji’s Supreme Court is currently led by Chief Justice Salesi Temo.
Cabinet resorted to this measure after its earlier attempt through the Constitution (Amendment) Bill 2025 — which proposed lowering the parliamentary threshold for constitutional amendments from 75% to 66% and removing the requirement for a national referendum — fell short by one vote in Parliament in March.
This is the Cabinet’s second request for the Supreme Court’s interpretation of a provision in the 2013 Constitution. The first was in June last year, when it requested an advisory opinion on the qualifications of Justice Alipate Qetaki to hold office as a Judge of the Court of Appeal, and lawyer John Rabuku for the position of Director of Public Prosecutions.
Related Articles:
Fiji Cabinet Seeks Supreme Court Opinion on Constitution Amendment Rules
Fiji PM Rabuka Admits Miscalculation in Constitution (Amendment) Bill Defeat
Fiji MP Sanjay Kirpal Cites Illness for Missing Key Vote on Constitutional Amendment
It Ends Here – Fiji Speaker Says After Parliament Voted Against Bill to Amend Fiji Constitution
Fiji Opposition MP Supports and Defends Government Constitution Amendment Bill
Support Amendment Bill To Allow for Open Discussion on 2013 Constitution: Fiji AG
Fiji Constitution Needs Change, But Process Lacks Transparency, Says Independent Opposition MP
Fiji Government Will Not “Dictate or Impose” Constitutional Amendments
Bill To Amend 2013 Constitution to be Tabled in Parliament
Fiji Pledges to Attain A Rating in Human Rights Commission Despite Constitutional Challenges
GCC Discusses Legal Reform and Calls for Review of 2013 Constitution
Fiji’s PM Rabuka Calls for Constitutional Reform as Electoral Landscape Shifts
2013 Constitution Review Futile Without Discussing Past Events Including Coups: Seruiratu
Fiji 2013 Constitution bias, and not unifying, warrants urgent review: Naupoto
