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e appellants did not face a claim if no appeal had been filed that now that the constitutional amendments had been approved by national referendum, they had not challenged the dismissal of their constitutional application by the Chief Justice. After hearing from counsel for the Republic, the Court was able to reassure the appellants that the Chief Justice’s dismissal of the challenge to the Constitution (Eighth) (Amendment) Act as premature, was a decision only at a point of time prior to the referendum. As the Chief Justice made it clear in paragraph 50 (above), his conclusion that it was premature was because the referendum had not been held and therefore at that time, the proposed constitutional amendments in Article 17A and 17B had not come into force. And so at that time of the Chief Justice’s decision, there was no effect on the rights of any persons and no breach of any rights under the Constitution, because the constitutional amendments had not become law. Before they could become the law of Vanuatu, approval by national referendum was required. If the national referendum did not approve Articles 17A and 17B, then they would not become law and no rights would be infringed. If the proposed Articles became law as a result of the vote in the national referendum, then at that point in time a challenge to the constitutionality of the Constitution (Eighth) (Amendment) Act could be made. Given the constitutional amendments in Articles 17A and 17B have been approved in a national referendum and are part of the Constitution of Vanuatu, it is now open to the appellants, should they wish to do so, to challenge the constitutionality of those provisions. Having understood that was the position, confirmed by counsel for the Republic, counsel for the appellants accepted that on the basis of that assurance, this appeal could be dismissed. Given the assurance given by counsel for the Republic of Vanuatu and given the view this Court expressed in this decision the appeal is dismissed. No costs were sought by the Republic and accordingly we order no costs. DATED at Port Vila, this 16 day of August, 2024 BY THE COURT