FIJI ISLANDS
CONSTITUTION (AMENDMENT) ACT 1997
HIGH COURT (ACT NO. 13) OF 1997
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 maybe 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 terms as 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 the 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 subordinate 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 is 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 cash be served 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 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 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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