Constitution (Eighth) (Amendment) Act No. 21 of 2023
2
- Jurisdiction
- Vanuatu
- Provision
- 2
- Source language
- root
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceh the application within the short time available;
b) The application to declare that the Constitution (Eighth) (Amendment) Act was
unconstitutional was refused as being premature;
c) The order seeking to restrain the Electoral Commission from organising a national
referendum was refused.
The national referendum therefore proceeded on 29 May 2024 and voted in favour of the
constitutional amendments.
The appellants appealed the decision of the Chief Justice fo this court. At the hearing before this
Court the appellants advised that they did not seek to challenge the decision of the Chief Justice to
adjourn the challenge to the constitutionality of the Political Parties Registration Act.
Given the national referendum had been held the challenge to the decision of the Chief Justice to
refuse the application to stay the national referendum no longer involved a live issue.
The appellants did however wish to challenge the Chief Justice's decision that the challenge to the
Constitution (Eighth) (Amendment) Act was refused as premature.
In the Chief Justice's decision of May 2024, refusing the challenge as premature he said at paragraph
50: -
“In the present case, | accept the submissions of the Attorney General that the challenges
of the constitutionality of the Constitution (Eighth) (Amendment) Act No. 21 of 2023 and the
related submissions raised thereof, are premature as the referendum is yet to be held. Item
2 of the Constitution (Eighth) (Amendment) Act No. 21 of 2023 must have the support of
the referendum for it to be effective and enforce. Before the referendum is held and
supported the Constitutional Amendments in Articles 17A and 17B of the Constitution
(Eighth) (Amendment) Act No. 21 of 2023, they do not affect the rights of any person and
there is no breach of any rights under Article 5(1) of the Constitution at this point in time.”
(emphasis added)
10.
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After discussion between this court and counsel for the appellants, it became apparent that the
purpose of filing the appeal to challenge the dismissal of the challenge to the Constitution (Eighth)
(Amendment) Act was to ensure that th
Source record
Source and verification
Constitution (Eighth) (Amendment) Act No. 21 of 2023 · courts.gov.vu · Retrieved 19 August 2026.
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