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Issue No: 4; 17 March 2001
In what has shocked the legal fraternity, the Chief Justice claims he has the right to order judges on what to do. The response was in light of the controversy surrounding the CJ's order that the Lautoka High Court not accept any case involving constitutional matters. In a statement released to the media from the Chief Justice, the Chief Justice's Chamber stated that the judges have to follow orders given by the CJ. It stated that the High Court Act "stipulates that all officers of the High Court including chief registrar, deputy registrars and district registrars - shall discharge their duties subject to such order as they shall from time to time receive from the Chief Justice". While the Act is clear in the stipulation, every lawyer knows that the CJ can not give orders which are contrary to law. One lawyer stated: "Every lawyer knows that the proper construction of the provision read that the court officers should perform the duties subject to such lawful order as they shall received from the CJ. There is no exception to this rule. Even the CJ must know that he can not issue orders which are contrary to law. And the existing law is that all High Courts can, and must, accept cases brought to them for filing". There are three high courts in Fiji - in Suva, Lautoka and Labasa. The claim that the judges must adhere to the orders of the CJ displays the arrogance with which the current CJ conducts himself. The CJ's conduct since 19 May last year has drawn heavy criticism from the legal fraternity in Fiji as well as pro-democracy political parties, and NGOs. The Fiji Labour Party has called for the resignation of the CJ. The Fiji Law Society has condemned the CJ's actions. The Citizens Constitution Forum has called on the President to sack the CJ. Today an application will be filed in the Suva High Court seeking to get the CJ disqualified from handling any case involving constitutional matters. The ground for the application is that the CJ has advised the President on the unconstitutional decisions which the President has taken, and therefore, has compromised his position and independence in dealing with any constitutional cases. |
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People's Coalition Government - Fiji Islands |
