Independent MP Ketan Lal’s application seeking interim relief to stop the third reading of the Constitution (Amendment) Bill 2026 will be heard in the High Court in Suva on October 22. The matter was called for its first appearance before Justice Dane Tuiqereqere today, with Mr Lal represented by lawyer Mohammed Saneem of Saneem Lawyers.
Mr Lal is seeking orders restraining the Speaker of Parliament from proceeding with the Bill’s third reading and notifying the President pending the determination of the substantive case. The defendants have until October 20 to file affidavits in opposition to the application, while Mr Saneem has until October 21 to file a reply. All parties are required to file their written submissions by October 21.
The interim relief application arises from an originating summons challenging the legal validity of the Constitution (Amendment) Bill 2026 (Bill No. 32 of 2026) and its second reading in Parliament on October 2. The substantive case is separate from the interim relief application and is expected to be called at a later stage.
The Speaker of Parliament, Filimone Jitoko, is named as the first defendant, the Attorney-General as the second defendant, and the Electoral Commission as the third defendant. Mr Lal contends that the Bill violates section 159(2) of the 2013 Constitution by seeking to repeal provisions of the existing Constitution, except Chapter 10, including transitional immunities and savings provisions under Part D of Chapter 12.
He also challenges the voting threshold applied during the second reading, arguing that section 160(2)(b) requires a three-quarters majority of all 55 members of Parliament, amounting to 42 votes. He argues that even if a two-thirds majority were applied against all 55 seats, at least 37 votes would be required, and disputes the binding effect of the 2025 Supreme Court Opinion relied on by the Speaker.
The Bill received 38 votes in favour, including two virtual votes. With two vacancies, 53 seats were occupied, and the Speaker treated the vote as meeting the two-thirds majority requirement. Mr Lal further alleges that MPs were denied a full opportunity to debate the Bill as required under section 160(2)(c), claiming the 150-page Bill was debated only two days after its introduction and for one day following the suspension of Standing Orders.
His application also seeks to prevent the Electoral Commission from conducting a proposed national referendum on the constitutional amendment. Prime Minister Sitiveni Rabuka has indicated that the referendum will be held on December 9. Parliament is scheduled to sit from November 2 to November 6.
