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Honorable John Dean Kuku, the Leader of the Independent Members, has declared his intention to initiate a legal challenge in the High Court within this week. The challenge seeks a judicial review of the Constitutional Amendment Act 2022, which was passed by Parliament on September 8, 2022.
The primary objective of the application is to address concerns related to the constitutional integrity of particular provisions contained within the Act and the procedures employed by Parliament during its enactment. The Act, which pertains to the deferment of the dissolution of parliament from May 15 to December 31, 2023, will be subjected to thorough scrutiny to ensure its compliance with constitutional principles and the integrity of the legislative process.
Deputy Secretary to the Leader, Mr. Barnabas Henson, confirmed today that the forthcoming legal challenge will pose critical questions surrounding the adherence to constitutional principles in the Act and the integrity of the parliamentary procedures followed. By initiating this judicial review, Hon Kuku aims to ensure that the sanctity of the constitution is upheld and that the highest standards of democratic governance are maintained.
In an effort to uphold transparency and keep relevant authorities informed, the Leader will make a courtesy call today (Wednesday) to the Governor General, His Excellency Sir David Vunagi, to personally convey the decision to pursue the legal challenge. For the same reason and subject to their availability, the Leader also intends to reach out to the Prime Minister and the Speaker of the National Parliament. This gesture demonstrates the Leader’s commitment to open communication and respect for the constitutional framework that underpins the governance of our nation.
Speaking on the significance of this legal challenge, Mr. Henson emphasized its importance for the country as a whole. He stated, “This is an important case for our nation as it seeks to ensure that Parliament upholds constitutional integrity in its lawmaking role, as well as to strengthen democratic governance. By addressing the concerns surrounding the Constitutional Amendment Act 2022, we strive for a parliamentary system that truly reflects the will and aspirations of the people we represent.”
The Leader firmly believes that the judiciary’s review of the Constitutional Amendment Act 2022 will contribute to the robustness of our legal framework, ensuring that the principles enshrined in the constitution are respected and that the rule of law prevails.
The Leader and his legal team are confident that this legal challenge will bring about a thorough examination of the Act and the parliamentary procedures in question. The Act was initially proposed by the Executive branch of the government, subsequently approved by Parliament representing the second arm of government, and will now undergo evaluation by the National Judiciary, which constitutes the third arm of government.
Ends///
