SOLICITOR-GENERAL Ropate Green will amend their Constitutional Reference by including Section 98 (3) (c) of the 2013 Constitution.
President of the Court of Appeal, Isikeli Mataitoga, yesterday reminded Mr Green the particular section was not included in the reference filed at the last occasion.
“The reason I’m saying this is because the way in which the wording has been structured is determined as a result of the submission of other people’s opinion,” stated Justice Mataitoga.
“And that’s the fact of the issue. The set of expectations, I have to say this again, this is not a normal case in which we work. It’s when opinion has been referenced.”
Cabinet endorsed the move to refer five critical constitutional questions to the Supreme Court under Section 91 (5) of the current constitution, seeking clarity on the interpretation and application of Sections 159 and 160.
Justice Mataitoga said Section 98 (3) (c) needs to be mentioned in his submission to allow the Supreme Court to interpret constitutional questions.
Section 98 (3) (c) grants the Supreme Court original jurisdiction to hear and determine constitutional questions referred to it under Section 91(5).
Meanwhile, Mr Green has been directed to file and serve the Constitutional Summary of Facts, which covers the constitutional-making processes from 1970 to 2013, by June 19.
The case will be called on June 20 for another direction hearing.
