Court of Appeal (Fiji)
Encyclopedia
The Court of Appeal of Fiji
is one of three courts established by Chapter 9
of the Constitution
, the others being the High Court
and the Supreme Court
. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it. The Constitution authorizes the Court of Appeal "to hear and determine appeals" from all judgements of the High Court. From time to time, other powers may be assigned to this court by law.
The Court of Appeal is chaired by the President of the Court of Appeal
. The Chief Justice
is not permitted to hold this position; the Court of Appeal is the only court from which the Chief Justice is constitutionally barred from membership. This is to give the Court of Appeal a measure of independence from the other courts. The current
President of the Appeal Court is Gordon Ward
. Also members of the Court of Appeal are the puisne judges
, at least ten in number (who also sit on the High Court), and persons specifically appointed as Justice of Appeal
.
Section 129 of the Constitution declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the High Court overlaps to a large extent with that of the Appeal Court and the Supreme Court, this clause is inserted to prevent a conflict of interest.
These constitutional arrangements were temporarily upset by the Fiji coup of 2000
. On the advice of then-Chief Justice Sir Timoci Tuivaga
, the Interim Military Government of Commodore
Frank Bainimarama
promulgated three decrees suspending the Constitution and reforming the judiciary. The Supreme Court was abolished, and the Chief Justice was made President of the Appeal Court. Following a High Court order on 15 November 2000 to restore the Constitution, upheld by the Court of Appeal on 2 March 2001, the former judicial order was restored.
In 2007, following the December 2006 military coup, six Australia
n and New Zealand
judges resigned from the court. They were replaced by two Malaysian judges, "with more appointments from Asia
expected to follow soon".
A Court of Appeals ruling in April 2009, which found that the 2006 coup had been illegal, triggered the 2009 Fijian constitutional crisis
. Following the ruling by three Court of Appeals judges, all of whom were from Sydney
, Australia
, the President of Fiji suspended the country's constitution and removed all judges from office. Two of the three judges were on a plane bound for Australia at the time of the President's actions.
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
is one of three courts established by Chapter 9
Constitution of Fiji: Chapter 9
Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
of the Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, the others being the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
and the Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it. The Constitution authorizes the Court of Appeal "to hear and determine appeals" from all judgements of the High Court. From time to time, other powers may be assigned to this court by law.
The Court of Appeal is chaired by the President of the Court of Appeal
President of the Court of Appeal (Fiji)
Fiji's Court of Appeal is chaired by the President of the Court of Appeal. The Chief Justice of Fiji is not permitted to hold this position; in order to give the Court of Appeal a degree of independence from the High Court and the Supreme Court, the Chief Justice, who chairs both courts, is...
. The Chief Justice
Chief Justice (Fiji)
The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
is not permitted to hold this position; the Court of Appeal is the only court from which the Chief Justice is constitutionally barred from membership. This is to give the Court of Appeal a measure of independence from the other courts. The current
December 2005
-Portal:Current events:-News collections and sources:See: Wikipedia:News collections and sources....
President of the Appeal Court is Gordon Ward
Gordon Ward
Lord Chief Justice Gordon Ward was a judge on the Supreme Court of Tonga. He resigned this post in protest at attempts to ban the Taimi 'o Tonga newspaper, a paper unsympathetic to the government, a move which he considered to be unconstitutional. On leaving this post, he took up a new position as...
. Also members of the Court of Appeal are the puisne judges
Puisne judge (Fiji)
Puisne judges in Fiji sit on the High Court and the Court of Appeal, but not on the Supreme Court. According to Chapter 9 of the Fijian Constitution, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must...
, at least ten in number (who also sit on the High Court), and persons specifically appointed as Justice of Appeal
Justice of Appeal (Fiji)
Justices of Appeal in Fiji are judges who sit on the Court of Appeal and on the Supreme Court, but not on the High Court.Justices of Appeal are appointed by the President on the nomination of the Judicial Service Commission, which is required to consult first with the appropriate Cabinet Minister...
.
Section 129 of the Constitution declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the High Court overlaps to a large extent with that of the Appeal Court and the Supreme Court, this clause is inserted to prevent a conflict of interest.
These constitutional arrangements were temporarily upset by the Fiji coup of 2000
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
. On the advice of then-Chief Justice Sir Timoci Tuivaga
Timoci Tuivaga
Sir Timoci Uluiburotu Tuivaga is a Fijian judge, who served as Chief Justice from 1974 to 1 August 2002, when he retired. He was Fiji's first native-born Chief Justice.- Education and career :...
, the Interim Military Government of Commodore
Commodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
promulgated three decrees suspending the Constitution and reforming the judiciary. The Supreme Court was abolished, and the Chief Justice was made President of the Appeal Court. Following a High Court order on 15 November 2000 to restore the Constitution, upheld by the Court of Appeal on 2 March 2001, the former judicial order was restored.
In 2007, following the December 2006 military coup, six Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
judges resigned from the court. They were replaced by two Malaysian judges, "with more appointments from Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
expected to follow soon".
A Court of Appeals ruling in April 2009, which found that the 2006 coup had been illegal, triggered the 2009 Fijian constitutional crisis
2009 Fijian constitutional crisis
The Fijian constitutional crisis of 2009 began on Friday, 10 April 2009. Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the Constitution of Fiji, dismissed all judges and constitutional appointees and assumed all governance in the country after...
. Following the ruling by three Court of Appeals judges, all of whom were from Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the President of Fiji suspended the country's constitution and removed all judges from office. Two of the three judges were on a plane bound for Australia at the time of the President's actions.
See also
- Constitution of Fiji: Chapter 9Constitution of Fiji: Chapter 9Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
(detailing the composition and role of the judiciary)