The High Court in Suva is expected to rule today on independent MP Ketan Lal’s application to halt the progress of the Constitution (Amendment) Bill 2026.
The court heard opposing arguments yesterday, with the Speaker’s lawyer, Seforan Fatiaki, urging the court to dismiss the application.
Mr Fatiaki argued that the judiciary lacked jurisdiction to interfere in active parliamentary proceedings, citing the separation of powers doctrine and statutory immunity under Section 28 of the Parliamentary Powers and Privileges Act.
He maintained that following the deaths of two MPs, Parliament had 53 active members, and the Speaker correctly calculated the two-thirds voting threshold based on members present and voting.
However, Mr Lal’s lawyer, Mohammed Saneem, argued that constitutional supremacy overrides parliamentary privilege and that the October 2 second-reading vote required 37 votes based on all 55 statutory seats.
He warned that proceeding to a third reading could trigger an irreversible referendum process and undermine judicial oversight.
Mr Lal seeks orders restraining the Speaker from proceeding further with the Bill.
