In a submission to the Supreme Court of Fiji this afternoon, Jolame Uludole, legal counsel for the Social Democratic Liberal Party (SODELPA), has urged the Court to declare the 2013 Constitution invalid, while affirming the 1997 Constitution as the supreme law.
Mr Uludole argued that the 1997 Constitution was never legally abrogated, and therefore remains valid.
He submitted that the Court holds the authority to rule on this validity, while also preserving state continuity by applying the doctrine of necessity to uphold actions taken under the 2013 framework from 2006 to present.
“The Court can rule that the government actions taken under the 2013 Constitution must remain valid to avoid upheaval,” he said.
Mr Uludole acknowledged the practical difficulties in immediately reinstating the 1997 constitutional order, such as reconvening the Parliament elected in 2006 or forming governing structures consistent with that Constitution.
As a solution, he proposed that the current government, elected under the 2013 Constitution, be designated as an interim administration, allowed to complete its term while preparations are made for a general election under the 1997 Constitution.
“We understand a lot of work will be necessary, which cannot be done overnight,” he said.
In response to a question from the bench about which electoral system would govern this transition, Mr Uludole clarified that the current government would operate under the 2013 system, but elections would ultimately be held under the 1997 framework.
He emphasized that there would be no need for a prolonged interim period beyond the current parliamentary term, saying all necessary preparatory work for a return to the 1997 system could be completed in time.