The matter of Cabinet seeking an opinion on the interpretation and application of the Constitution will be called Supreme Court on Friday.
The relevant papers were filed in the Registry of the Supreme Court last Friday, 16 May 2025.
Cabinet had recently endorsed the referral of questions concerning the interpretation and application of the Constitution to the Supreme Court pursuant to section 91(5) of the 2013 Constitution.
Section 91(5) of the 2013 Constitution permits the Cabinet to seek the opinion of the Supreme Court on questions relating to the interpretation or application of the Constitution.
“Cabinet has requested the Supreme Court’s opinion specifically on the interpretation and application of the constitutional amendment provisions under sections 159 and 160 of the Constitution,” said a government statement.
“The Constitution imposes a high threshold for an amendment to the Constitution, which has made review or reform of the Constitution extremely challenging.”
On Friday, the Supreme Court is likely to issue directions on the hearing of the Reference proceedings.
The President of the Supreme Court is the Chief Justice Salesi Temo.
“It is anticipated that at the preliminary hearing, the Supreme Court may also set a timetable for the filing of legal submissions.”
“Government recognises the complexity and legal significance of this Referral.”
“It is committed to engaging in the process of constitutional law reform in a transparent manner that is consistent with the rule of law.”
