FORMER attorney-general Aiyaz Sayed-Khaiyum has applied to be an “interested party” in the Cabinet reference case on the eligibility of Justice of Appeal Alipate Qetaki and acting Director of Public Prosecutions John Rabuku to hold their positions.
Mr Sayed-Khaiyum’s lawyer Gul Fatima said he could provide information that the Supreme Court could be interested in.
The former A-G is applying to be an intervener — an interested party that was not named as an original party but has a stake in the outcome of the case.
Mr Sayed-Khaiyum and Mr Saneem applied to be interveners or interested parties in the case.
Appearing before Justice Sir Terence Arnold and Justice Brian Keith, Mr Sayed-Khaiyum’s lawyer Gul Fatima argued that her client would provide valuable information on the 2013 Constitution as he was heavily involved in its drafting and public consultations.
Ms Fatima said the Supreme Court should take Mr Sayed-Khaiyum’s application positively because he would be providing valuable insight into how and why certain provisions of the Constitution came to be.
“It is simply my client wanting to provide information that the court maybe interested in,” Ms Fatima said.
In response, Justice Arnold said Mr Sayed-Khaiyum could express the view of one person and told Ms Fatima that if the court had to take account of his opinion, it should also have to accept other interested parties’ opinions.
Meanwhile, Mr Saneem said Mr Rabuku was directly involved in a criminal case against him. Mr Saneem said he had also filed a complaint with the Judicial Services Commission against the acting DPPs’ appointment.
He said the case before the Supreme Court was an opportunity to provide his opinion on Mr Rabuku’a appointment.
Mr Saneem said he was an interested party because one of the office holders (Mr Rabuku) was directly connected to his case.
The Supreme Court will rule on the pair’s applications tomorrow.
Cabinet sought the Supreme Court’s view on sections 105(2)(b), 114(2), 116(4) and 117(2) of the Constitution following the appointments of acting Director of Public Prosecutions John Rabuku and Court of Appeal judge Justice Alipate Qetaki.
