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High Court (Constitutional Redress) Rules, 1998

REPUBLIC OF FIJI

CONSTITUTION (AMENDMENT) ACT 1997
HIGH COURT (ACT NO. 13) OF 1997
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HIGH COURT (CONSTITUTIONAL REDRESS) RULES 1998

IN exercise of the powers conferred upon me by section 41(10) of the Constitution and Section 25 of the High Court Act, I hereby make the following Rules-

Citation

1. These Rules may be cited as the High Court (Constitutional Redress) Rules, 1998.

Exercise of jurisdiction

2. The jurisdiction and powers conferred on the High Court by or under sections 41 and 120 (4) of the Constitution are exercisable by a single Judge.

Application for redress

3. (1) An application to the High Court for redress under section 41(10) of the Constitution may be made by motion supported by affidavit-

(i) claiming a declaration;

(ii) praying for an injunction;

(iii) claiming or praying for such other order as may be appropriate.

(2) An application under paragraph (1) must not be admitted or entertained after 30 days from the date when the matter at issue first arose.

Notification of motion

4. (1) Subject to paragraph (2), a motion under paragraph (1) of rule 3 must not be made without at least 3 clear days' previous notice to the parties affected by it, unless the High Court gives leave to the contrary.

(2) A Judge, if satisfied that the delay involved in giving notice as required by paragraph (1) would or might entail irreparable or serious mischief, may make an order ex parte on such term as to costs or otherwise, and subject to such undertaking, if any, as he or she thinks just, but any party affected by such an order may apply to the High court within 7 days of the making of the order to set it aside.

(3) A notice of motion under paragraph (1) of rule 3 must state-

(a) concisely the nature of the claim; and

(b) the relief or remedy required.

Service on Attorney General

5. If an application is made to the High Court for redress or relief under section 41(10) of the Constitution in accordance with rule 3 and Attorney - General is not a party to the proceedings, the applicant or plaintiff must file an extra copy of the motion and affidavit in support and the Chief Registrar of the High Court must within 3 days thereafter forward the copy to the Attorney-general for his information.

Reference by way of case stated

6. (1) A question referred to the High Court pursuant to section 120 (4) of the Constitution by a person presiding in any subordinated court must be by way of case stated.

(2) The case shall be stated within 14 days of the decision of the person presiding in the subordinate court to refer the question.

(3) The case must-

(a) set out the facts which have been proved or admitted and the question which referred to the High Court for its decision;

(b) be signed by the person referring the question;

(c) be transmitted, by the person referring the question, to the Chief Registrar.

(4) The person referring a question under paragraph (1) must cause copies of the case to be serve upon -

(a) the party (if any) at whose request the case was stated;

(b) any other parties to the proceedings affected by the question; and

(c) the Attorney-General and the Director of Public Prosecutions, if the Attorney-General or, in a criminal matter, the Director of Public Prosecutions is not a party to the proceedings.

(5) Upon receipt of a case transmitted pursuant to paragraph (3), the Chief Registrar must forthwith set down the case for hearing and notify the parties and the Attorney-General and, in a criminal matter, the Director of the Public Prosecutions of the date fixed for hearing.

(6) The High Court hearing a case referred to it under this rule may -

(a) amend the case or order it to be returned to the court by which it was stated for amendment; and

(b) draw inferences of fact from the facts stated in the case.

(7) The Attorney-General and, in the case of a criminal matter, the Director of Public Prosecutions, is entitled to appear and be heard in proceedings for the determination of a question referred to the High Court pursuant to section 120(4) of the Constitution.

(8) The Chief Registrar must notify the Court by which the question was referred of the decision of the High Court upon the question.

Practice and procedure

7. Except as otherwise provided in these Rules the jurisdiction and powers conferred on the High Court in respect of applications made by any person in pursuance of either section 41(10) or section 120(4) of the Constitution are to be exercised in accordance with the practice and procedure (including any rules of Court) for the time being in force in relation to civil proceedings in the High Court, with any variations the circumstances require.

Made this 11th day of September 1998.

T. U. TUIVAGA
Chief Justice

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