High Court (Fiji)
Encyclopedia
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 proceedings of such courts. The High Court has unlimited original jurisdiction
to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution.
The High Court consists of the Chief Justice
and at least ten (and no more than eighteen) puisne judges
. Parliament may also allow for junior judges, called Masters of the High Court, to sit on the High Court. 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.
Until July 2007, under the High Court Act, foreign judges appointed to the High Court had to be nationals of one of the following countries: Australia
, New Zealand
, Canada
, Papua New Guinea
, Samoa
, Sri Lanka
, Tonga
, or the United Kingdom
. In practice, appointees were almost exclusively nationals of Australia and New Zealand. In July 2007, President
Ratu
Josefa Iloilovatu issued the High Court Act (Amendment) Promulgation, which extended the list to "any country which is at the time of the appointment a member of the Commonwealth of nations
". The Promulgation particularly highlighted Singapore
, Malaysia, Hong Kong
and India
as potential sources for the appointment of new judges. Hong Kong is specifically cited as an authorised source for judges despite not being a member of the Commonwealth. The Promulgation was approved by the Cabinet led by interim Prime Minister
Voreqe Bainimarama.
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 of Fiji
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 Court of Appeal
Court of Appeal (Fiji)
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...
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 Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all proceedings of such courts. The High Court has unlimited original jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution.
The High Court consists of the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and at least ten (and no more than eighteen) 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...
. Parliament may also allow for junior judges, called Masters of the High Court, to sit on the High Court. 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.
Until July 2007, under the High Court Act, foreign judges appointed to the High Court had to be nationals of one of the following countries: 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...
, 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...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
, Samoa
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
, Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
, Tonga
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
, or the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. In practice, appointees were almost exclusively nationals of Australia and New Zealand. In July 2007, President
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
Ratu
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
Josefa Iloilovatu issued the High Court Act (Amendment) Promulgation, which extended the list to "any country which is at the time of the appointment a member of the Commonwealth of nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
". The Promulgation particularly highlighted Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Malaysia, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
as potential sources for the appointment of new judges. Hong Kong is specifically cited as an authorised source for judges despite not being a member of the Commonwealth. The Promulgation was approved by the Cabinet led by interim Prime Minister
Prime Minister of Fiji
The Prime Minister of the Republic of Fiji is the head of government of Fiji. The Prime Minister was appointed by the President under the terms of the now-suspended 1997 constitution....
Voreqe Bainimarama.