Simione Valenitabua, legal counsel for the People’s Alliance Party, has told the Supreme Court of Fiji that the 2013 Constitution is illegitimate, invalid, and should be declared null and void.
Mr Valenitabua made the bold assertion during today’s hearing of the high-profile constitutional reference brought by Cabinet, which seeks interpretation of sections 159 and 160 of the 2013 Constitution.
“Our position is very clear from the submissions we’ve filed,” said Mr Valenitabua.
“The 2013 Constitution is illegitimate and invalid from the beginning.”
He argued that the 1997 Constitution, which was lawfully enacted through a democratic and consultative process, remains Fiji’s true and valid Constitution and should be reinstated as such.
The 1997 document, he said, was adopted through unanimous parliamentary approval, public consultations, and adherence to constitutional amendment procedures.
To illustrate his point, Mr Valenitabua invoked the biblical story of King Solomon from the First Book of Kings, recallaing a tale involving two women claiming to be the mother of a child.
“In that story, there were no witnesses, no clear evidence, only the parties’ words. But the king discerned the truth by appealing not to legal technicalities, but to justice,” he said.
“Today, my Lords, the sovereign Democratic Republic of Fiji stands as that child, torn between two constitutional claims.”
Mr Valenitabua said the 1997 Constitution is the “true mother,” born of legal and democratic legitimacy, while the 2013 Constitution was an “imposter,” imposed by decree after an unlawful coup, and validated only by itself through “ouster clauses”.
“We say the 2013 Constitution is contemptuous of our judiciary’s rulings,” he said.
“It self-validates after defying lawful authority.”
The People’s Alliance joins several other interveners in the case, including political parties, the Fiji Human Rights Commission, and the Fiji Law Society.
The Court will continue hearing submissions throughout the week.