Prime Minister Sitiveni Rabuka’s bid to halt the effect of a High Court ruling pending appeal is now before the court, with a decision expected on June 8.
High Court judge Justice Dane Tuiqereqere heard arguments this morning on Mr Rabuka’s application to stay Justice Tuiqereqere’s February 2 ruling while the matter is considered by the Court of Appeal.
Acting for the Prime Minister, Mr Simione Valenitabua submitted that the appeal raises significant constitutional questions regarding the interpretation of Section 82 of the Constitution and the powers of the Prime Minister, the President and the Judicial Services Commission (JSC).
Deputy Solicitor-General Eliesa Tuiloma supported the application, arguing that although the issues had already been canvassed before the High Court, the Court of Appeal should be given the opportunity to fully consider the three grounds of appeal.
However, lawyer Tanya Waqanika opposed the application, arguing that it lacked merit and that Justice Tuiqereqere’s February ruling had already been complied with.
Ms Waqanika also told the court that the appeal was also because the President felt threatened about the possibility of facing a tribunal.
Justice Tuiqereqere reserved his decision and will deliver his ruling on June 8.
