COMPLETELY abrogating the 2013 Constitution would cause chaos across the country, the Supreme Court was told yesterday.
This was the submission of Opposition Leader’s intervener, Kunal Singh, during his reply before the Court.
“In our submission we have stated that it will not be proper for the Court to abrogate the 2013 Constitution, because it will bring chaos to Fiji,” Mr Singh said.
He argued that the Constitution must be upheld in full, noting that once accepted as the governing law, it binds all citizens, state institutions and the courts.
“People have accepted the Constitution as we have had three elections with high voter turnout.
“The Preamble itself makes it clear that we, the people, revise this Constitution as the supreme law for our country. It governs not only the conduct of courts but also every regime.”
Mr Singh told the Court that sections 2 and 3 reinforced the Constitution’s supremacy.
“There can be no exception, no partial compliance.
“The question of any suggestion of partial compliance is nonsensical and would cause major and complete disorder to the legal system.”
He added that treating a constitutional clause as invalid would be contrary to the oath to uphold and defend the Constitution in its entirety.
Similarly, Social Democratic Liberal Party (SODELPA) intervener Jolame Uludole submitted that absolute abrogation of the 2013 Constitution would unleash mayhem.
However, Mr Uludole argued that even if the Constitution were removed or changed, the actions and decisions made under it so far should remain valid to ensure that the government and country can continue to function smoothly, without everything being thrown into confusion.