Timoci Tuivaga
Encyclopedia
Sir Timoci Uluiburotu Tuivaga (born 21 October 1931) is a Fiji
an judge
, who served as Chief Justice
from 1974 to 1 August 2002, when he retired. He was Fiji's first native-born Chief Justice.
in New Zealand
where he graduated with a Bachelor of Arts
on a Lau
Provinical Council
Scholarship. He was further educated in Middle Temple
in London
, where he read Law
. He was admitted to the bar in 1964 and served as a Native Magistrate from 1958 to 1961. He was appointed to the Crown Council
in 1965, becoming their principal legal officer in 1968. He held this office till 1970. In 1972, he was appointed to the bench as a Puisne judge
, and was appointed Acting Chief Justice in 1974 to succeed Sir Clifford Grant, who had been appointed by Fiji's former colonial
administration. His position was made permanent in 1980.
that rocked Fiji in 1987. His actions in a later coup
in 2000, however, generated much controversy. Together with two other judges, Michael Scott and Daniel Fatiaki
(who later succeeded him as Chief Justice), Tuivaga advised the then-President, Ratu Sir Kamisese Mara
, to abrogate the Constitution
, as requested by the Military
. Mara refused and resigned on 29 May. An Interim Military Government, headed by Commodore
Frank Bainimarama
took power, abrogated the Constitution, and promulgated the Administration of Justice Decree, which Tuivaga had drafted. This decree abolished the Supreme Court, made the Chief Justice the President of the Appeal Court
(of which, according to the constitution, he had previously been barred from membership). Another decree extended the retirement age of the Chief Justice from 70 years to 75. Fiji Law Society
President Peter Knight condemned Tuivaga's actions, saying, "The eyes of the profession, the nation and the world are upon the judiciary. It cannot be seen to openly condone criminal activity. It should as a matter of record that it will continue to occupy and function in its judicial role in the same uncompromising manner as it had done prior to 19 May." (These changes to the judiciary were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001).
Tuivaga was subsequently sued by members of the deposed government of Prime Minister Mahendra Chaudhry
for his role in abrogating the constitution, which all judges were bound by oath
to uphold.
In an interview with the Daily Post
on 15 June 2000, Tuivaga defended his role, saying it was not an endorsement but a practical acknowledgement of "reality." "While a de facto government is in place it is impossible for me as Chief Justice not to acknowledge its actual existence as a matter of political reality," he said. The Interim Military Government, which he called "the only viable alternative government," needed to be recognized, he said, given the "situation triggered by the state of insurrection in the country which so far has proved insidiously intractable".
These changes to the judiciary authorized by the decrees that Tuivaga had drafted were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001. That year, he turned 70, the retirement age mandated by the restored Constitution. On 1 August 2002, Daniel Fatiaki
succeeded him as Chief Justice.
(ICC). His role in the 2000 coup came back to haunt him, and the Fiji Law Society strongly criticized his nomination. In what the Fijian government saw as a humiliation, he was forced to withdraw his nomination during the balloting on 9 February 2003, when Samoa
n candidate Tuiloma Neroni Slade
outpolled him.
, which would, if established, have the power to compensate victims of offenses related to the 2000 coup, and amnesty to its perpetrators, subject to presidential approval. Tuivaga cautioned, however, that the workability of the arrangement would depend on the good will of the parties involved.
On 26 May 2005, the Rev. Akuila Yabaki
of the Citizens Constitutional Forum expressed concern at reports that Tuivaga might be appointed to chair the proposed commission, reports downplayed by both Prime Minister Laisenia Qarase
and Opposition Leader
Mahendra Chaudhry
.
which deposed the Qarase government on 5 December 2006, Interim Attorney-General
Aiyaz Sayed-Khaiyum
announced on 22 January 2007 that there would be an inquiry into allegations concerning the role of the judiciary in the events of 2000. It was reported that Tuivaga might be subject to the inquiry. http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11729 In a letter to the Fiji Sun
on 23 January, Tuivaga expressed surprise, saying that the Constitution of Fiji
makes no provision for investigating retired members of the judiciary.
, in the Lau
archipelago, is the son of Isimeili Siga Tuivaga and Jessie Hill. He had four children and seven grandchildren with his first wife, Vilimaina Leba Parrot, who died in 2000. In July 2002 he remarried, to Raijeli Baba, the eldest daughter of former Foreign Minister Tupeni Baba
, who was one of the People's Coalition Ministers
kidnapped and held captive for 56 days during the 2000 coup.
Timothy and Lady Raijeli Tuivaga reside in the Suva
suburb of Muanikau.
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...
an judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, who served as 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. ...
from 1974 to 1 August 2002, when he retired. He was Fiji's first native-born Chief Justice.
Education and career
Tuivaga was educated at the University of AucklandUniversity of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
in 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...
where he graduated with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
on a Lau
Lau Islands
The Lau Islands of Fiji are situated in the southern Pacific Ocean, just east of the Koro Sea. Of this chain of about one hundred islands and islets, about thirty are inhabited...
Provinical Council
Local government of Fiji
Fiji is divided administratively into four divisions, which are further subdivided into fourteen provinces; the self-governing island of Rotuma and its dependencies lie outside any of the four divisions. Each division is headed by a Commissioner, appointed by the Fijian government...
Scholarship. He was further educated in Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, where he read Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. He was admitted to the bar in 1964 and served as a Native Magistrate from 1958 to 1961. He was appointed to the Crown Council
Crown Council
Crown Council may refer to:* Crown Council of Belgium, the King, his Ministers and the Ministers of State, meeting on rare occasions to advise the King* Crown Council of Ethiopia, the constitutional body advising the reigning Emperors of Ethiopia...
in 1965, becoming their principal legal officer in 1968. He held this office till 1970. In 1972, he was appointed to the bench as a Puisne judge
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
, and was appointed Acting Chief Justice in 1974 to succeed Sir Clifford Grant, who had been appointed by Fiji's former colonial
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
administration. His position was made permanent in 1980.
Coup controversies
Tuivaga upheld the independence of the judiciary in the wake of the two military coupsFiji coups of 1987
The Fiji coups of 1987 resulted in the overthrow of the elected government of Fijian Prime Minister Timoci Bavadra, the deposition of Elizabeth II as Queen of Fiji, and in the declaration of a republic...
that rocked Fiji in 1987. His actions in a later coup
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...
in 2000, however, generated much controversy. Together with two other judges, Michael Scott and Daniel Fatiaki
Daniel Fatiaki
Taniela Vafo'ou Fatiaki CF was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Court and the Supreme Court, but is constitutionally barred from presiding over, or even sitting on, the...
(who later succeeded him as Chief Justice), Tuivaga advised the then-President, Ratu Sir Kamisese Mara
Kamisese Mara
Ratu Sir Kamisese Mara, CF, GCMG, KBE is considered the founding father of the modern nation of Fiji. He was Chief Minister from 1967 to 1970, when Fiji gained its independence from the United Kingdom, and, apart from one brief interruption in 1987, the first Prime Minister from 1970 to 1992...
, to abrogate 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....
, as requested by the Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
. Mara refused and resigned on 29 May. An Interim Military Government, headed by 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...
took power, abrogated the Constitution, and promulgated the Administration of Justice Decree, which Tuivaga had drafted. This decree abolished the Supreme Court, made the Chief Justice the President of the Appeal Court
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...
(of which, according to the constitution, he had previously been barred from membership). Another decree extended the retirement age of the Chief Justice from 70 years to 75. Fiji Law Society
Fiji Law Society
The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Devanesh Sharma was elected to replace Graeme Leung as President of the Fiji Law Society on 9 September 2006, and as such he holds membership ex officio on the Judicial Service Commission...
President Peter Knight condemned Tuivaga's actions, saying, "The eyes of the profession, the nation and the world are upon the judiciary. It cannot be seen to openly condone criminal activity. It should as a matter of record that it will continue to occupy and function in its judicial role in the same uncompromising manner as it had done prior to 19 May." (These changes to the judiciary were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001).
Tuivaga was subsequently sued by members of the deposed government of Prime Minister Mahendra Chaudhry
Mahendra Chaudhry
Mahendra Pal Chaudhry is a Fijian politician and the leader of the Fiji Labour Party...
for his role in abrogating the constitution, which all judges were bound by oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
to uphold.
In an interview with the Daily Post
Daily Post (Fiji)
The Fiji's Daily Post is a newspaper that was formed by Wame Waqanisanini JR in Oct 1987, who owned 50 percent of the shares. Taniela Bolea was the original publisher. The majority shares were later owned by the Fijian government. The government now has 44.70 percent of the shares while Australian...
on 15 June 2000, Tuivaga defended his role, saying it was not an endorsement but a practical acknowledgement of "reality." "While a de facto government is in place it is impossible for me as Chief Justice not to acknowledge its actual existence as a matter of political reality," he said. The Interim Military Government, which he called "the only viable alternative government," needed to be recognized, he said, given the "situation triggered by the state of insurrection in the country which so far has proved insidiously intractable".
These changes to the judiciary authorized by the decrees that Tuivaga had drafted were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001. That year, he turned 70, the retirement age mandated by the restored Constitution. On 1 August 2002, Daniel Fatiaki
Daniel Fatiaki
Taniela Vafo'ou Fatiaki CF was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Court and the Supreme Court, but is constitutionally barred from presiding over, or even sitting on, the...
succeeded him as Chief Justice.
Failed ICC candidacy
Following his retirement as Chief Justice, the Fijian government nominated Tuivaga as Fiji's candidate for a position on the new International Criminal CourtInternational Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC). His role in the 2000 coup came back to haunt him, and the Fiji Law Society strongly criticized his nomination. In what the Fijian government saw as a humiliation, he was forced to withdraw his nomination during the balloting on 9 February 2003, when 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...
n candidate Tuiloma Neroni Slade
Tuiloma Neroni Slade
Tuiloma Neroni Slade is the Secretary General of the Pacific Islands Forum Secretariat. He was elected to the position for three years on 20 August 2008. Slade was reappointed to a second term by the leaders of the Pacific Islands Forum on 8 September 2011.-Biography:Tuiloma Neroni Slade was born...
outpolled him.
Reconciliation and Unity Commission
In May 2005, Tuivaga spoke out in favour of the government's proposed Reconciliation and Unity CommissionReconciliation and Unity Commission (Fiji)
The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on 4 May 2005 is passed...
, which would, if established, have the power to compensate victims of offenses related to the 2000 coup, and amnesty to its perpetrators, subject to presidential approval. Tuivaga cautioned, however, that the workability of the arrangement would depend on the good will of the parties involved.
On 26 May 2005, the Rev. Akuila Yabaki
Akuila Yabaki
Akuila Yabaki is a Fijian human rights activist and Methodist clergyman. He is currently the Executive Director of the Citizens Constitutional Forum, a pro-democracy organization....
of the Citizens Constitutional Forum expressed concern at reports that Tuivaga might be appointed to chair the proposed commission, reports downplayed by both Prime Minister Laisenia Qarase
Laisenia Qarase
Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...
and Opposition Leader
Leader of the Opposition (Fiji)
The post of Leader of the Opposition is a political office common in countries that are part of the Commonwealth of Nations. It did not originate in Fiji but has a long tradition; in British constitutional theory, the Leader of the Opposition must pose a formal alternative to the government, ready...
Mahendra Chaudhry
Mahendra Chaudhry
Mahendra Pal Chaudhry is a Fijian politician and the leader of the Fiji Labour Party...
.
Under investigation
In the wake of the military coup2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
which deposed the Qarase government on 5 December 2006, Interim Attorney-General
Attorney-General (Fiji)
Fiji's chief governmental legal officer is the Attorney General. According to the Constitution of Fiji, the Attorney-General is required to be a qualified lawyer and sits in the Cabinet. The office of the Attorney-General is the oldest surviving executive office in Fiji, having been established...
Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum Fiji's Attorney-General, Minister for Justice, Anti-Corruption, Public Enterprises, Industry, Investment, Tourism and Communications...
announced on 22 January 2007 that there would be an inquiry into allegations concerning the role of the judiciary in the events of 2000. It was reported that Tuivaga might be subject to the inquiry. http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11729 In a letter to the Fiji Sun
Fiji Sun
The Fiji Sun is a daily newspaper published in Fiji. Owned by Sun News Limited, it was first published in September 1999. An internet edition is also published....
on 23 January, Tuivaga expressed surprise, saying that 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....
makes no provision for investigating retired members of the judiciary.
Personal life
Tuivaga, who hails from the village of Yaroi on Matuku IslandMatuku Island
Matuku is a volcanic island in the Moala subgroup of Fiji's Lau archipelago. Located at 19.18° South and 179.75° East, Matuku covers an area of 57 square kilometers. It has a maximum elevation of 385 meters...
, in the Lau
Lau Islands
The Lau Islands of Fiji are situated in the southern Pacific Ocean, just east of the Koro Sea. Of this chain of about one hundred islands and islets, about thirty are inhabited...
archipelago, is the son of Isimeili Siga Tuivaga and Jessie Hill. He had four children and seven grandchildren with his first wife, Vilimaina Leba Parrot, who died in 2000. In July 2002 he remarried, to Raijeli Baba, the eldest daughter of former Foreign Minister Tupeni Baba
Tupeni Baba
Tupeni Lebaivalu Baba is a Fijian academic and politician, who founded the now-defunct New Labour Unity Party. Most members of this party later merged with several other centrist parties to form the Fiji Democratic Party...
, who was one of the People's Coalition Ministers
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
kidnapped and held captive for 56 days during the 2000 coup.
Timothy and Lady Raijeli Tuivaga reside in the Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
suburb of Muanikau.