THE Supreme Court has rejected former attorney-general Aiyaz Sayed-Khaiyum’s application to join the Cabinet reference case on the validity of the appointments of Justice of Appeal Alipate Qetaki and acting Director of Public Prosecutions John Rabuku.
In the ruling, Supreme Court judges Justice Sir Terence Arnold and Justice Brian Keith said Mr Sayed-Khaiyum had claimed that he could assist the Court with legal submissions on the background to the drafting of the 2013 Constitution, including “in relation to the philosophy, background, drafting, purpose, application and intended interpretation of the Constitution”.
The judges noted that while in some situations it might be appropriate to look at background material in interpreting a law, as the US Supreme Court does in interpreting the US Constitution, such an approach would not be appropriate in the case before it.
The Court noted that it was only asked to interpret one provision of the Constitution about those found guilty in lawyers’ disciplinary cases.
“We think it unlikely that there will be much, if anything, in the background that could assist with the interpretation of that particular requirement,” the Court said.
The Court said the 2013 Constitution “was not the result of the type of public process that preceded the adoption of the United States Constitution”.
“Rather, it was the work of a relatively small group of officials of which Mr Sayed-Khaiyum was one.
“If we were to grant him leave to assist the Court with matters of background we would have also to seek input from other members of the group.
“This is particularly so because Mr Sayed-Khaiyum, no matter how hard he tries, cannot be dispassionate given his personal interest in the outcome of the Reference.”
Speaking to the media after the ruling, Mr Sayed-Khaiyum said, “the Court has spoken”.
“As you know that the Court has not allowed me leave to intervene in the proceedings which is in relation to the reference. The Court has spoken in that matter. The matter is now afoot,” he said.
“The Court has also set a very strict timeline and I understand that they will give a judgment on June 28.
“We wait for the outcome.”
Cabinet has sought the Supreme Court’s view on sections 105(2)(b), 114(2), 116(4) and 117(2) of the Constitution after the appointments of Acting Director of Public Prosecutions John Rabuku and Court of Appeal judge Justice Alipate Qetaki last year.
