Use the IRAC model in your answer (see IRAC model on the LW308 moodle shell - see in Revision shell).

Answer the following problem question: The Constitution of Statham Islands contains the following provisions:

Preamble - We the people of Statham Islands, proud of our struggle for freedom, determined to safeguard the achievement of this struggle, cherishing our ethnic, linguistic and cultural diversity and at the same time mindful of our common destiny, hereby proclaim the establishment of the united and free Statham Islands founded on Stathamian custom and tradition, faith in God, and Christian principles. For this purpose we give ourselves this Constitution.

Section 5 - Right to equality and freedom from discrimination

(1) Every person is equal before the law and has the right to equal protection, treatment and benefit of the law.

(2) A person must not be unfairly discriminated against directly or indirectly on the grounds of his or her race, culture or social origin, place of origin, sex, gender, or any other ground prohibited by this Constitution.

Section 20 (1) - Eligibility of candidature for election to Parliament Any person may be acandidate for election to Parliament only if that person is an indigenous Stathamian and does not hold citizenship of another country.

Section 20 (2) - Members elected to Parliament A member is elected to Parliament by the majority of registered voters in his or her electorate for the term of four years.

Section 21 - Interpretation A person shall not be considered as an Indigenous Stathamian unless his or her father or any of his/her male progenitors in the male line us or was the child of parents who are or were both indigenous of Statham Islands by virtue of their registration, or eligibility to register, as a Statham Island indigenous person with the Great Council of Chiefs.

Facts: Mr Tofu was born and lived his whole life in Statham Islands and holds a Statham Islands citizenship. He was registered by his indigenous Statham Islands mother as a Statham Islands indigenous person with the Great Council of Chiefs. However, his father was Filipino. Mr Tofu was nominated as an independent candidate for election to Parliament for this year's national election and subsequently won in his electorate. A week after the election results were released, the only opponent in his electorate contested his nomination. First, on the basis that he does not qualify as an indigenous Stathamian and second, that Mr Tofu only received the majority of votes cast, not the majority of the votes cast by all registered voters.

Question: Mr Tofu has come to you, a constitutional law expert, asking for advice on how the court will likely determine these two issues.

Task: Advise Tofu, using constitutional interpretation principles and 2 case laws to support your advice.