The Fiji Human Rights Chairperson said the judges presiding over the case to determine the legality or otherwise of the events of December 5th and the interim government, need to establish to what extent it can examine the prerogative powers of the President.

Doctor Shaishta Shameem, in her role as the amicus or friend of the court, highlighted key sections of the constitution, which she said will assist the court in deciding on the review of the President's powers.

Doctor Shameem highlighted section 194 (7) of the 1997 constitution which states that a person, authority or body upon which functions are conferred by the constitution has power to do everything necessary or convenient to be done for, or in connection with, the performance of these functions. She said this section also relates to the President.

She then highlighted section 194 (10) of the constitution, saying this could assist the judges in deciding whether they can review the President's powers.

Section 194 (10) states that "A provision of the constitution to the effect that a person or authority is not subject to the direction or control of any other person or authority in the performance of functions or the exercise of powers is not to be construed as precluding a court of law from exercising jurisdiction in relation to a question whether the first mentioned person or authority has performed the functions or exercised the powers in accordance with the constitution or whether that person or authority should or should not perform the functions or exercise the powers".

Doctor Shameem said there is an assumption in Fiji that parliament is sovereign but she stresses that the constitution is sovereign in our country.

The case continues before High Court judges, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik at 9:30 this morning.